Who’s insurance is liable if I had an accident and injured myself at a friend’s house?

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Who’s insurance is liable if I had an accident and injured myself at a friend’s house?

While performing a service (that is inherently dangerous) for a friend at his home I had an accident and sustained severe injuries. I have personal health insurance. Through my employer I have disability insurance. The friend that hired me made a claim to his homeowner’s insurance. They say they are responsible for a minimum of miscellaneous medical charges (up to $1000) but are not liable for anything more than that. Should my personal health insurance be solely liable for all hospitalization, physician, and related expences?

Asked on January 16, 2012 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the friend was at fault in some way in causing the accident--e.g. the accident occured because of some unsafe condition in his home; or the friend himself someone hurt you (e.g. accidentally knocked you off a ladder), you could potentially sue the friend for medical costs, lost wages, pain and suffering, etc. At that point, his insurer may or may step in to defend or indemnify him, based on the terms of  his policy.

However, if the friend as not at fault, neither he nor his insurer would seem to be liable. (A person is not liable simply because an accident occured at his home.) In that event, you would seem to be thrown back only on your own insurance.


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