I'm being sued for auto negligence-personal injury. Do I have a case to counter sue & will my home ins co cover claim?

Asked over 1 year ago - Barnegat, NJ

My son, further referred as juvenile 1 and his friend, further referred as juvenile 2, WITHOUT MY KNOWLEDGE, were provided alcohol by adult member of juvenile 2 family and were allowed to go riding ATV that belonged to juvenile 1 with him as a driver and juvenile 2 as a passenger. Which end up in an accident where juvenile 2 sustain severe injuries.

Attorney answers (6)

  1. Brian Heath Crockett

    Pro

    Contributor Level 16

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    Answered . You may or may not have coverage depending on your policy. You need to make a claim. Because Juvenile 1 was operating the ATV and crashed, there is a chance he will be found liable for negligently causing the accident.

    Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Report this to your homeowner's insurance carrier to resolve, and let them know about the other party.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Patrick X Amoresano

    Pro

    Contributor Level 13

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    Answered . New Jersey Personal Injury - Homeowners Insurance Coverage - Contribution and Indemnification. Patrick Amoresano You should certainly notify your homeowners insurance carrier of the incident to confirm your coverage. If they acknowledge coverage, they will hire an attorney to defend the claim and assert claims for contribution from Juvenile 2's household. If coverage is denied, you should consult with an experienced attorney to determine whether the denial is appropriate or unjustified.

  4. Robert Bruce Kopelson

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . You might want to talk to an insurance coverage attorney asap. Have the atty review your auto ins policy and your homeowners. You could have a problem with potential exclusion for motorized "vehicle" under the homeowners, depending upon how it is defined in policy. Sounds like you would have a basis for a cross complaint for indemnity against the adult member of J-2's family. That might not be much help, depending upon that persons financial condition and whether there would be ins coverage foir that person's act. Also, depending upon J-2's age, he may have assumed the risk of riding knowing J1 had been drinking. J2 may be comparatively at fault and depending upon your state law that could be a ppartial or complete defense.
    If I were you, Id talk to an ins coverage atty even if I had to pay for consult, before reporting to ins cos and possibly saying the wrong thing.

  5. George Costas Andriotis

    Contributor Level 20

    7

    Lawyers agree

    Answered . Report the incident to your insurance carrier as juvi 1 will be at least partially liable. The parent of juvi 2 may also bear some responsibility depending on the situation involving the alcohol.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Larry Van Roberts

    Pro

    Contributor Level 11

    4

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    Answered . Don't beleive you have grounds for a counter-claim. However, sounds like you have grounds to allege comparative fault on the part of adult member of juvenile 2. Contact a personal injury lawyer in your local area immediately.

    This response is given solely as a general response to the question and does not create an attorney / client... more

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