Friend injured while driving our 4-wheeler on public property...

by Anonymous

My 19 year old and his 19 year old female friend were riding our 4-wheeler on a trail behind our subdivision. The friend was driving, my son was on the back. They went down a hill and she hit her mouth on the steering wheel, knocking 2 teeth out.

Now her dad wants to know if our homeowners insurance will pay for her dental expenses. Is this correct? Are we liable under our homeowners policy for her injuries, even though SHE was the one driving? Wouldn't her auto insurance have to cover that? How does this work? Thank you.

Visitor Question:
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ANSWER for "Friend injured while driving our 4-wheeler on public property...":

Anonymous (Florida):

Homeowners insurance coverage normally doesn't cover car or ATV injuries. To be covered for injuries resulting from ATV accidents often requires a rider, or separate policy. If you don't know if you have liability coverage for your ATV, contact your homeowners insurance company and ask.

Even if you have coverage, from the facts you present your son doesn't appear to have been negligent, especially as he was not driving the vehicle at the time of the accident.

Whether you have ATV coverage or not, you might consider politely telling the 19 year old woman and her father your son was not negligent. As a result, you will not accept liability for the accident which occurred while the young lady was driving.

In the future, you might consider purchasing the following ATV coverage...

Collision coverage
Collision coverage pays for damage to your ATV if you or your son hits another vehicle, another vehicle hits him, or the ATV rolls over.

Comprehensive coverage
Comprehensive insurance covers damage to your ATV for damage not caused by a collision. This includes damage or loss from theft, vandalism, falling objects, fire, flood, and certain other natural disasters.

Uninsured or underinsured ATV coverage
This coverage pays for repairs to your ATV if it is damaged in an accident by an underinsured, uninsured, or unidentified driver. It also helps pay the medical costs for you and your passengers if an accident caused by an uninsured or underinsured driver results in injury.

Medical payments coverage
Medical payments "MedPay" covers medical bills resulting from injuries regardless of who is at fault.

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

Best of luck,

Judge Calisi

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