QUESTION
Can my friend who was assaulted at another friend's home file against the homeowner's insurance?
Asked on Nov 01st, 2013 on Personal Injury - Indiana
More details to this question:
A friend was assaulted at another friend's home and now has to have at least plastic surgeries but will never look the same. The man was charged with felonies. Can my friend file against the home owners insurance for restitution?
10 ANSWERS
Yes. The injured friend will probably need to prove that the homeowner was somehow negligent if the case goes to trial. But, the insurance company will probably settle the claim before trial.
Answered on Nov 06th, 2013 at 1:18 PM
James Eugene Hasser
He might be able to get the homeowners insurance medical payments provision to kick in and pay the medical bills only up to the limits of coverage. He may also want to get with the prosecutor and see if there is a Victim's Relief Fund available to him.
Answered on Nov 06th, 2013 at 1:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to answer the question, many more facts would have to be developed. There is a body of case law dealing with a host's responsibility to protect a guest from harm for another guest. The essential aspect will be whether the host knew or should have known that this assault would occur and that he had the opportunity to prevent it from happening, but failed to do so.
Answered on Nov 06th, 2013 at 11:22 AM
There normally is an exclusion for willful acts, so your friend would have to show there is an element of negligence involved (accidentally fell and hit him, etc.). Your friend would be able to collect attorney fees if the other person was sentenced to at least a year in jail, unless the home is underwater (value less than loan amount) the other person does have an asset that your friend can go after so suit might be worthwhile. Courts sometimes will make orders of restitution as part of the sentence, but it might be too late to request that if sentence has already been passed.
Answered on Nov 06th, 2013 at 11:04 AM
Ronald A. Steinberg
Not under Michigan law, unless the homeowner knew that the bad guy had a history of assaultive behavior.
Answered on Nov 06th, 2013 at 6:37 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what the other's homeowners insurance covers, which depends on how the policy is written. Most likely, it covers incidents where the homeowner would be liable for negligence. Unless the homeowner was negligent in allowing this to happen, it might not be covered.
Answered on Nov 06th, 2013 at 6:07 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Your friend may make a claim against anyone that was at fault in causing the injuries. If the acts were intentional, there would be no insurance coverage available. If the acts were negligent, homeowner's insurance would apply; however, if the homeowner themselves weren't negligent in some fashion then there would be no liability (I'm not clear on who the assaulter was).
Answered on Nov 01st, 2013 at 9:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Homeowners is for negligence. I don't think there is any insurance for deliberate attacks sue the bad guy if title is in his name. if in joint names, forget it.
Answered on Nov 01st, 2013 at 6:47 PM
Edwin K. Niles
If (1) you can prove that the homeowner was negligent, (2) the HO policy included liability.
Answered on Nov 01st, 2013 at 6:47 PM
4 Awards
He should see if the homeowner will provide a copy of the policy and have a lawyer review it. He may be covered for medical expenses. There may also be a cause of action against the homeowner for negligence( the liability portion of the policy would apply in that case).
Answered on Nov 01st, 2013 at 6:45 PM