Am I covered under my son’s Homeowner’s policy

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 6, 2015

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Insurance Question from Philadelphia, PA

Asked on 03/06/2015

Am I covered under my son’s Homeowner’s policy I am senior citizen and my husband and I live with my son and pay rent. The first week of January I slipped and fell on ice coming up common walkway between my son's house and neighbor's house and after an MRI it was discovered that I fractured my pelvis. Have been under doctor's care and have been out of work six weeks now and I am not sure if I will be able to return to work full time. Trying to find out if I am covered under my son's policy.Thank you,margaret

Answer given on March 12, 2015

This is an interesting situation. Family members are not usually covered for injuries caused in a home. However, since you are paying rent that could change things.Either way, your injury must be caused by the negligence of the homeowner in order for the homeowner insurance policy to respond. You indicate that the walkway is between your son’s home and the neighbors. Whose property is the sidewalk on? If it is your son’s, then it would be his liability, if he is found to be negligent. If it belongs to the neighbor, then it is their liability. Again, there must be negligence. If the weather has been continuous and there has been no chance to clear the ice, then there is no negligence by either party so the homeowner insurance will not pay for your injuries.

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