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CDN CHIC | Suing home owners Insurance? |
a man ranout in the highway and crashed into my Husband while he was riding his bike...the old man was cited for jaywalking on a highway, can my husband sue his home insurance for the damages and way to get around. Any one familier with this?
Thank you,
Additional Details
to say he's missed alot of work and with the bike broken he's without a mode of transportation. |
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mkulda
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This answer has two parts.
First the easy one.....YES...you can sue the walker for the damages incurred.
Now...the trickier one....which type of policy you will be suing against.
This depends on exactly how the 'motorbike' may have been insured. If it was a large enough vehicle to have its own 'motorbike' insurance, you could go after that policy if one exists.
If not, you can ceratinly use the walker's homeowner's insurer, if he has one.
But, even if he doesn't have insurance, you can still sue him, but even if he was 'jaywalking' on the highway doesn't mean you are going to win a lawsuit.
You could still easily lose the case, if the walker can prove that you should have been able to stop but didn't. |
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mamatohaley+1
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**Since your husband was on a motorcycle I still think it goes under homeowners. Typically HO policies exlcude motorized vehicles but I think that is if the insured was on one. Since the claimant was a pedestrian I think his HO insurance would cover. File a claim, it can't hurt. My info is based on US claims. I don't think you are. Your country may be different**
Yes. Homeowners covers liability of an insured (that is if the man owned a home). It most definitely would not go under auto as claimant car was not involved in this loss. The fact that the loss did not have to do with a home also has nothing to do with it.
You can higher a lawyer and pay them 35% of your settlement or you can try to go alone on it first and file a claim with the mans insurance.
People seem to think your husband is at fault because he hit a pedestrian but from what I am reading your husband was on the highway. NOT a normal place for a jaywalker.
Be careful though on this. If you decide to sue, the old man could return the favor. Since your husband was on a non-motorized 2 wheel bike it would go back to your homeowners.
Most states practice comparative negligence. What that means is that when there is a loss it is possible that both parties have some % of responsibility. That means it is possible that the old man may have a valid claim even if it is for 5% of his damages. Again this varies by state.
You will not be able to recover for lost work due to no mode of transportation. You would be able to recover for medical bills, lost wages due to injury, pain and suffering, and bike. |
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Sun and Sand
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Go with mama... answer. Home owners covers this sort of thing. |
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rollindem20z
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odd situation |
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Queen B
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am i understanding this right? your husband was riding his bike and a pedestrian got in front of him and your husband wrecked? now he wants to sure him ? THATS exactly why people pay so much for insurance!! |
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Nani
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As it was not done at the house I don't think so . He could sue the man for repairs to the bike. As for him not being able to go to work because the bike is his only method of transportation. I do not think you will win an award for lost time as there is public transportation, friends and family. I have not been able to drive due to medical reasons as of 1995 and I still get around on the buss, When I lived in New Orleans I road 2 buses and a street car and made it to work by 5:45am and had a child to drop off first. |
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hjkrol59
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yes he can , he needs a personal injury attny. they can do that... |
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CARLOS V
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Tell your husband to watchout for pedestrians next time. They have the right of way. And suing the poor old man??when it was your husband's fault? Oh, wee,hee,boo,hoo. Having to go around suing people for all they've got. Nice career. |
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reggae superstar
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You would have to sue him. But quite possibly this would be covered by the mans auto insurance rather than Homeowners. I would check to see if he has auto insurance first and try to be compensated through that first. |
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NONAME
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no - not at the house |
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