Whose insurance should cover an accident on vacant land?

My son was hurt on a friend’s motor-cross dirt bike. They were on a random field that no one knows who owns it. He suffered 2 broken arms, a broken collarbone, and had to have surgery to place pins in both arms. Should my medical insurance be paying for this? His friends homeowners insurance? The owner of the land? My vehicle insurance? My son was driving and alone on the bike at the time. His 2 friends were watchingas they took turns on the bike. One of the friends owns the bike.

Asked on September 9, 2011 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) The land owners insurance--almost certainly not; there is no basis for liability, since the owner did nothing wrong; he had no knowledge of what your son and friends, who were trespassing, were doing.

2) Your medical insurance--yes, it should pay for medical costs; that's what it is there for. If your medical insurance covers, let it pick up the tab and then don't worry about how else might be liable to repay the insurer--the insurer will take care of that.

3) His friend's parents' homeowners--the injury did not occur on their land and was not caused by any affirmative act or negligence of theirs, from what your write; it seems unlikely.

4) Your motor vehicle insurance--check the policy to see whether it would cover this situation. What it says in the policy and coverage declarations will determine.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.