Visitor Question

Personal injury covered by homeowner’s insurance?

Submitted By: (Roseville, MI United States)

My brother broke his neck playing in my other brother’s pool while he was drinking.

He was rushed to the hospital where they told him he would be ok and sent him home. He actually crushed a disk in his neck and could have ended up paralyzed, but he was smart enough to go to the hospital (a different one) and they took him into immediate surgery.

He has insurance but he has LARGE co-pays.

He has contacted a lawyer’s office but they say because he was drinking, he can’t get any of the medical bills paid or any other type of repayment help.

Is he responsible for all the financial costs just because he was drinking at the time this happened? Couldn’t this be covered by the homeowner’s insurance policy?

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.


Dear ,

There isn’t an absolute when it comes to injuries and homeowners’ claims.

It is true as a result of your brothers ingestion of alcohol his claim may be severely weakened, but he has nothing to lose by at least filing a claim. The worst they can do is say no.

Even then, if they refuse to accept liability your brother can consider filing suit against the homeowner. Doing so would at least get the homeowner’s insurance company to deal with the issue instead of just denying it and forgetting about it.

Tell your brother to get the name of the homeowner’s insurance company. He’ll need their telephone number, and the policy number as well.

Then tell him to file a claim.

Once he does, an insurance claims adjuster will be assigned to the case. She will probably contact your brother to take his recorded statement over the telephone, That’s perfectly normal. The adjuster will probably attempt to speak with the homeowner and any other witnesses who may have been in or around the pool when your brother was injured.

Tell him not to give up on the claim. You never know. He may be able to receive some compensation from the insurance company.

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: November 28, 2011

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