our son was visiting us with his girlfriends car,while visiting ,my husband ,my sons father was doing work on our sons ,girlfriends car.our son,was in

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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: Dec 12, 2011

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Insurance Question from Balmat, NY

Asked on 12/12/2011

our son was visiting us with his girlfriends car,while visiting ,my husband ,my sons father was doing work on our sons ,girlfriends car.our son,was in injured in right eye and loss his vision in eye,now our homeowners say they are not responsible because his father was working on an auto.they never question my son ,husband ,or witnesses,just denied for that reason. our son was 20 to 25 ft in the yard when something flew from disc on grinder and hit him.hemy son,was with 3 other people at the time just visiting.no our son does not reside with us.

Answer given on December 13, 2011

Homeowner insurance pays for injuries caused by personal actions of the insured. Most losses involving an automobile are excluded, since it would be covered by an automobile policy.Since your husband was using a tool he had at home and a piece flew up and struck your son, the insurance company should pay for the injury to your son. The homeowner policy has two areas that should allow some payment to your son. The medical payments portion can pay for injuries to non-residents whether there is any negligence by the insured or not. This amount could be between $1,000 to $10,000. The other portion would be the liability coverage under the homeowner. In this case negligence is generally required before the insurance company will pay.You should contact the adjuster for your insurance company and press them to review the claim. If they decline, you should ask for a supervisor and try to get them to reconsider. Explain that the injury was caused by a tool being used at the home. Again, the fact that the repair was involving an auto really should not be a part of the decision.

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