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malshaun | Help! What do I need to do about an insurance claim? |
Ok, I had a bad 4-wheeler accident a few weeks ago on my farm and had to go to the ER and have surgery. Since then I have had another surgery and I've had to put off job searching. I've been on unemployement and now that has stopped. I now have no money coming in except for my partner's income, which does not pay all the bills. I do have health insurance, but it only pays a portion of the medical bills. My question is, since the home and home owners insurance is in my partner's name can I sue her and her insurance pay for it. Her policy has 100,000 personal liability. We are getting more and more in debt and think this might work. Has anyone done this or know someone who has? Did you claim medical, loss of wages, pain and suffering, ect.?
Additional Details
For the person who made a comment on my unemployment, I did not claim it while I had the accident. I know that is wrong, and that's why I don't have the income from it now.
I'm not trying to claim fraud. We live on a farm and it was a farm related accident. We have farm insurance and we were just hoping that it would cover something. Is that not what insurance is for the first place. Why else have it? My name is not on the policy, 4-wheeler, or anything else. |
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mamatohaley+1
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Sorry, as a household resident - regardless if your name is on it or not - you are not covered. There is no way around this exclusion. Furthermore the only way liability would pay if you were not a household resident would be if your partner was at fault for the accident.
Good luck, I hope you are able to get your finances back in order. |
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Karen B
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You can't collect under her homeowners policy since you are a household member. Look at the policy is specifically excludes it.
Furthermore, she would have to of been the cause (be liable) of the accident in order for her personal liability to cover it.
Sorry there is no way around this. There is no coverage available. |
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MSAD
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It sounds like you were operating the 4 wheeler - you are the owner of the 4 wheeler. As such, how did your partner cause your injury?
You can sue anyone about anything. Heck - if you hit a deer - sue God - he owns the deer. If you can figure out how to perfect service on the almighty - you can sue him.
However, just suing someone does not mean you will win.
In order to win a law suit - the person you sue has to have been negligent. That means - your partner's action or inaction has to have caused your injury.
Since you were the operator of the 4 wheeler - it sounds like you were the one who was negligent in the operation of the 4 wheeler. IE - you caused your own injury.
There are several valid defenses that the insurance company could put forth. I'm not going to tell you what they are - because I am not going to help you commit insurance fraud.
It also depends on the language in the policy. This may allow for other defenses. The company I work for - our homeowners policies specifically exclude liability for 4 wheelers. There is other language that could also prove to be a barrier to any claim you want to present. Again - I'm not going to tell you what that is to help you in your insurance fraud.
Also - if you hire an attorney and file a law suit - he will take 1/2 of your settlement plus expenses (that's if you win). The insurance company will hire an attorney to defend your partner - and they will vigorously defend this type of claim. If this case were to go to trial - it would probably not see the inside of a court room for 4-6 years.
Sometimes cr@p happens and you don't get paid for it. If you are going to ride 4 wheelers - expect the cr@p to be more likely to happen. |
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mbrcatz
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Sure, you can sue her. But her insurance policy isn't going to cover YOU, because you are a household resident, or at least, at the time of the accident you were.
But you can sue the hell out of her, make her sell the farm, etc. IF she was negligent in causing your injuries. Assuming the 4 wheeler is titled to HER of course. If it's titled to you, she's still not liable.
Otherwise, she can COUNTERSUE you, for trespassing. And throw your butt out off her farm, for suing her. |
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stephenweinstein
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1. It is illegal to collect unemployment for any day on which you are physically unable to work due to injury, regardless of cause.
2. I do not think that insurance covers lawsuits filed by one person insured by the policy against another person insured by the same policy. I think it only protects you if from lawsuit by persons not insured on your policy.
3. A lawsuit against her only makes sense if she was somehow responsible for your injuries. Merely having an accident on someone else's property does not give you the right to sue them. |
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src50
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To me, it sound like insurance fraud - whether it meets the legal definition, I don't know. You will have to prove that your partner's negligence caused your injuries - can you? Also, consider that your lawyer will take half of any settlement you did manage to get and your partner's insurer will probably drop her and "blacklist" her and her property. |
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Ryan C
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It's attitudes like yours that cause insurance rates to rise. Regardless of whether or not it would be covered (which it is not) you know it is not ethical or right to do. You should have been more responsible and purchased supplemental insurance. |
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