Need advice about suing homeowners insurance?

Question

Hi, I'm 22 and a apprentice for a union sheet metal contractor. ive completed 3 out of 5 years now. i have my own insurance, but i live at home with my parents and pay rent. a few months ago i slipped and fell down there basement steps and crushed 3 vertebra in my back. my family doctor, the back surgeon, and physical therapist all recommend that i need to quit the trade and go back to school due to the fact that i wont be able to do that kind of physical labor anymore. now i don't know what to do. i have all kinds of medical bills, and if i quit the trade i wont have insurance, and I'm going to have to pay for school. i don't know how ill ever afford it all. my parents told me to sue there homeowners insurance for the medical bills and the money to go back to school. can i do this?

Answer 1

You probably can't make a claim on the policy if you live in the home.  Generally homeowner's liability coverage specifically excludes injury to any insured (which you would be by living there).  The first step would be to call the insurer just to confirm.  But I wouldn't count on getting coverage from the homeowner's policy.

Answer 2

Probably not.  Homeowner's insurance does not cover lawsuits where the person who sues is a person who was covered by the insurance.  It only covers lawsuits filed by outsiders.

Answer 3

How long have you lived at your parents house? Anyone under the roof should be covered under the homeowners insurance. That is, in fact, why people get homeowners insurance. Before you do anything you need to submit a claim with the insurance company. If they deny you coverage you should talk to an attorney and review the homeowners insurance conditions. It never hurts to submit a claim. Call a personal injury attorney, if you live in Washington I can give you some great names.  

Answer 4

Check the policy - homeowners insurance would generally cover liability to someone not a resident of the home, so wouldn't cover you.

Answer 5

sure  

Answer 6

First off, understand that you will not be suing the insurance company. You will be suing your parents. For your suit to be successful you will have establish that your parents were negligent and that their negligence was the direct cause of your injury. The defense counsel would probably suggest that having lived there for 22 years you would have been well aware of the hazards of the basement steps and accepted the risk.

Second factor that is perhaps more significant than the above is that my reading of the liability portion of the homeowners contract would indicate that you are an defined as an insured because you are a resident who is a relative. Being defined as an insured means that the policy excludes coverage for bodily injury to you. So The claim would be denied.

Caution: My assessment is based on my experience as an insurance agent. I have spent the better part of my insurance career interpreting insurance contracts. I believe that my reasoning is correct but you should be seeking the advice of an attorney.

Answer 7

You sue an insurance company when they refuse a claim. So have they already refused your claim? If not, first go through the proper channels to submit a claim, but beware of the consequences to your parents.

Your parents are sounding a little short sighted. Don’t they realize this is their liability, and your claim is going to raise their rates?

If the insurance company does refuse your claim, then you can consider legal action.  You can perhaps get medical bills, but I don't think you can get much more.

For college, you can apply for scholarships & take out student loans like the rest of us.

Answer 8

1. As a resident relative of their house hold - you can not collect under either the medical payments coverage or the liability coverage of your parents policy.

If you lie to the insurance company to try and collect -- that is insurance fraud -- a crime.

2.  You do not sue the insurance company -- you sue the person who caused your injuries. That means - you would have to go into a court of law and tell the judge that your parents are negligent and their negligence is the cause of your injury. The law suit would read: Son Doe vs. Mom Doe and Dad Doe.

You sue your parents.

3. Your parents negligence has to have caused your injury. Just because you fell on someones property - does not mean you get paid for it.  

I'm sorry you got hurt -- but as a resident relative of your parents household -- their homeowners insurance will not pay for your medical bills.