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


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.

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