Legal Question in Insurance Law in Alabama

Re: Home Owners Insurance

The answer depends on what type of policy they have. You should speak to them about it and contact an attorney to determine your rights. Depending on the facts of the case, you may be able to seek money damages from the person who flipped the ATV.

Re: Home Owners Insurance

You actually have a complicated situation which requires more detailed info to accurately answer but I'll try. If the incident occurred on someone's property who has homeowner's insurance they may have a type of coverage called "med-pay" which pays the medical bills of anyone injured on the property, regardless of who was at fault. up to the limit of that coverage in that policy. That is the first thing you need to find out. Another possibility would be to check your own auto policy for med-pay coverage but that is a little unlikely as ATV claims are usually excluded. If no such coverage exists you will have to make a liability claim against the driver's homeowner's policy (which customarily provides liability coverage for this type of incident rather than the auto policy of the driver which also will probably will have an exclusion for ATV accidents). You will have to contend the driver was at fault. Most people get upset when you do that so do not expect much cooperation from the driver or his family. The liability insurer usually will not advance payment for medical bills preferring to wait until a complete settlement is negotiated--if at all. The insurer will most likely stonewall you or low ball you. This is not simple. Do NOT try to do this yourself. Get a lawyer ASAP. Make sure he knows about insurance matters (most do not). There are websites where you can research that. Good luck.