What to do if my 19 year old daughter who lives with us broke her leg while being towed behind my insured boat?

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What to do if my 19 year old daughter who lives with us broke her leg while being towed behind my insured boat?

She incurred thousands of dollars out of pocket as a result. My boat is covered up to 500k on my homeowners policy but AAA says they might not accept the claim since she lives with us. If AAA declines as a result, what are her options?

Asked on October 1, 2013 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

She may not really have any good options. She could potentally sue you, but unless you had coverage which would apply in this case, she would be (if she won) taking assets from you. It's worthwhile speaking with experienced personal injury counsel, who can evaluate all the facts of this case in detail, but it is very difficult when there may not be coverage and is no third party (i.e. not family) whom one could sue.

Also, have the attorney review your insurance policies--you do NOT have to take the insurer's word for it that this claim is not covered. If under the terms of the policy they should pay, then if they refuse to, you could sue them for breach of contract; this is an avenue worth exploring.


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