Will our a neighbor’s homeowner’s policy cover medical costs for my son’s injury since he was riding their ATV?

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Will our a neighbor’s homeowner’s policy cover medical costs for my son’s injury since he was riding their ATV?

My son had a sever leg injury a couple of weeks ago when he decided to hop on a modified mini-ATV that the neighbors let their kids ride on our street. My son lost control and since the ATV was modified his feet hit the ground and his left foot got caught under the rear wheel and it nearly ripped his foot off. I’m

curious if there is possibility my neighbors homeowner’s insurance would cover our max out of pocket medical expenses? And, if so, how do I go about this process?

Asked on July 13, 2018 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is unlikely that the neighbor's homeowner's insurance would cover your son's injury since the injury did not occur on the neighbor's property, but in the street.
You can still try to file a claim with the neighbor's homeowner's insurance by obtaining the insurance information from your neighbor  and then filing a claim on behalf of your son. Your son's claim should include his total medical bills and his medical reports including his final medical report.
If the claim is denied, you can sue the neighbor for negligence.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports document the injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  I assume that your son is a minor and therefore, a wage loss claim is inapplicable.
If  your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf.
If the case is NOT settled, the lawsuit on behalf of your son against your neighbor for negligence must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.


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