Visitor Question

Daughter injured while under her aunt’s supervision?

Submitted By: T (Texas)

My daughter, while in my sister’s care for one hour, was asked to provide assistance to carry a desk. My daughter was 17 years of age at the time, and is mentally retarded.

My sister dropped the desk on my child’s toe and broke it.

The homeowner’s insurance company only wanted to pay guest liability 1k max, but my out of pocket expenses have risen higher? Is there anything I can do to get more compensation for the medical bills and expenses related to this incident? Shouldn’t the insurance co be responsible for covering the full damages? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear T,

The insurance company is limited to paying up to the maximum amount of coverage carried by the homeowner. If the homeowner carries a maximum amount of $1000.00 in coverage, then you won’t be able to secure a higher amount from them.

The fact that the homeowner appeared to have been negligent when dropping the desk on your daughter is irrelevant when it comes to whether or not homeowners insurance claims will cover your daughter’s medical bills up to $1.000.00 dollars.

With homeowners insurance, negligence generally doesn’t matter.

Short of filing a lawsuit, at this point the only way you will be able to determine if the homeowner carries a higher amount of coverage is to ask the homeowner. Unfortunately, if the homeowner doesn’t comply you may have to consider suing her personally.

Moreover, regardless of the maximum amount of homeowners insurance available, and in addition to accepting their coverage, you can file a lawsuit against the homeowner personally.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 17, 2014

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