Neighbor's guest from abroad fell riding a bike in my driveway...

by Jules

A 72 year old guest was visiting my friend's home (her mom) from a foreign country with no healthcare insurance. She decided to get on a bicycle without permission or guidance in my garage and lost control of the bike. The bike, with her on it, headed out of control down the driveway towards the street. She fell off the bike and suffered a severe head injury.

After the tumble off the bike she wound up just off the driveway into the street, where the ambulance attended to her. She has incurred large medical bills from being treated at the local hospital. Is this a legitimate homeowners liability claim? Who is responsible for her injuries? What can be done? Thank you.

Visitor Question:
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ANSWER for "Neighbor's guest from abroad fell riding a bike in my driveway...":

Jules (Florida):

From the facts you present, the injured woman has a legitimate homeowner's injury claim. Homeowners insurance should cover the losses associated with her injuries, including her medical and therapy bills, out of pocket expenses, lost wages, and for her pain and suffering.

The coverage provided will be up to the policy limits of the homeowner. This type of a claim is referred to as a "3rd party claim." This is different from a 1st party claim where a person files an injury claim with his or her own insurance company, typically seen in car accident injuries in no fault states.

Under the homeowner's policy, the homeowner will also be covered in the event the injured woman files a lawsuit. Once again, the insurance company will provide the cost of defense, including the costs of legal representation, up to the limits of the homeowner's insurance policy.

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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