Legal Question in Personal Injury in Georgia

Homeowners Insurance

My husband was at his bosses house and feel off a dirt bike and cut his finger off. They could not save his finger and his boss does not offer insurance. Should his home owners insurance pay for that? My husband is out of work now and we have noway of doing so.


Asked on 5/09/00, 8:28 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Homeowners Insurance

We are short any facts that would tend to show someone's elses insurance should pay.

Since we are short on facts, lets look at your question as follows.

Should non fault based insurance pay? Well, you indicate you do not have primary health care. So, no payment there. You do not have primary health care at work (his or yours), so no payment there. We do not know your level of income. If you are at or near the poverly level, Medicaid may pay for it.

You question, we believe, looks for some third party insurance in a tort capacity. That is, should someone or some insurance company pay your husband because he hurt his finger on a dirt bike at his bosses?

Probably not.

Was it work related? It doesn't sound like it was. Thus, your husband cannot make a claim on the Worker's compensation insurance. Was anyone at "fault?" You have not provided us with enough facts to know. If the track was dangerous, it is possible a claim could be made against the OWNER/OCCUPIER of land. However, riding a dirt bike probably raises an "assumption of the risk" defense that will prevent your husband from recovering. Again, though we have no facts.

Based on the fews lines you wrote, it does not seem like your husband has a good claim against the Homeowner's Asso. [Actually, the homeowner's asso. will almost never be involved. Look instead to who owns the property. If that turns out to be then Homeowners Association, then so be it.]

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Answered on 6/28/00, 3:47 am


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