Visitor Question

Personal Injury Clause in my Homeowners Insurance Policy?

Submitted By: Daydra (Dallas, GA)

My nephew fell on our icy driveway, his shoulder slipped out of place and he had to go to the hospital. He has no medical insurance and had to put it under our home owners insurance who are telling him that my policy only covers up to $1,000.

He found out that his collarbone may be fractured and he has to go to a specialist. Would he be able to sue my insurance company to get just the medical bills under my personal injury clause? We have personal injury up to $100,000. If you could let me know if they have a case or what we need to do to help recover his medical expenses. Thanks.

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 Daydra,

If you have a homeowners insurance policy that allows recovery of up to $100,000 for personal injuries, this is probably the best bet to recover the medical expenses.

Be advised that your insurance company may deny the claim and there is little you can do about that. It really depends on your policy, but from the sounds of things there is no real liability other than the fact that he was injured on your property.

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: December 28, 2010

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