Is it considered suing my friend or suing his insurance company?

Asked over 1 year ago - Spring, TX

I broke my leg on my friends property. His friend was tackled onto me causing me to break my leg. His Insurance company said they felt they are not responsible for it? I was out of work and behind on bills, not to mention all the pain I went though for months. I had to have surgery. Shouldn't I receive a settlement for everything I went through being as it happened on his property? Here's exactly how it happened: My friend who owns the house was trying to calm down his friend who was drunk in the front yard. He couldn't keep him calm so another friend of the homeowner tackled the drunk guy causing him to fall onto me hence me breaking my leg. Please Help me resolve this.

Attorney answers (13)

  1. Brian Heath Crockett

    Pro

    Contributor Level 16

    11

    Lawyers agree

    Answered . Yes. You have a case. Under Texas law, you cannot sue your friend's insurance directly. You will need to sue your friend directly. Once suit is filed his insurance company will represent him in the suit and potentially settle the case without any real expense to your friend. Any questions please let me know. Your local so do not hesitate to ask. Good luck.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  2. William Emil Cassara

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . I am not a Texas lawyer but personal injury cases are very fact specific. Most personal injury lawyers provide free consultations. Speak to one and go from there.

  3. David Thomas Dorer

    Contributor Level 12

    11

    Lawyers agree

    Answered . An action for loss, even where insurance indemnifies for the loss, is brought against the person, in this case the homeowner, and not directly against the insurance company.

    Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . You need to sue your friend directly. Retain a local personal injury lawyer to investigate.

  5. Daniel Nelson Deasy

    Contributor Level 20

    10

    Lawyers agree

    Answered . Contact a personal injury attorney to discuss your rights and any possible causes of action you may have. I personally believe you may have claims against the homeowner. Make sure you find out who was providing the booze that resulted in the fracas. That person/establishment may be responsible as well.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. George Costas Andriotis

    Contributor Level 20

    10

    Lawyers agree

    Answered . You would be making a claim against his insurance company but if you had to file suit it would be against your friend with this insurance carrier defending it and paying out should you get a favorable verdict. Best of luck.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  7. Matthew C Simon

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . If your friend has homeowners insurance, it may cover the incident. Best bet is to get copies of your medical records and bring them to a local personal injury attorney who offers free 30 minute consultations. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  8. Robert Bruce Kopelson

    Contributor Level 20

    9

    Lawyers agree

    Answered . You may also have a claim against the drunk and the other guy who tackled him causing him to fall on you.

  9. William Howard Mowery

    Contributor Level 3

    7

    Lawyers agree

    Answered . Your homeowner friend may or may not be liable for your injuries. It really depends on the facts of the case. A homeowner has a duty to protect his guests while on his premises but he may not have had sufficient prior knowledge the other friend would attack the "drunk" in a manner that exposed others, such as yourself, to possible injury. Such an attack might be an intervening subsequent event that would provide the homeowner with a defense. In any event, possible defendants include the homeowner and the "other friend" who attacked the drunk. They would be named individually in the suit but the suit would likely be defended by the homeowner's insurer, assuming he has homeowner's insurance. Call an experienced attorney to help you sort through the facts.

  10. Aaron Alan Herbert

    Pro

    Contributor Level 6

    6

    Lawyers agree

    Answered . Ask the insurance adjuster if the homeowners policy has $5k in med pal, if so get your billing records and submit them and ask the adjuster send you the med pay check directly made out only to you. Medpay will payout often irregardless of liability facts.

    This information is not intended to create, and receipt or viewing does not constitute, an attorney-client... more
  11. Stanley N Zahorsky

    Contributor Level 9

    7

    Lawyers agree

    Answered . You would be bring the legal action in the name of your friend, the home owner. You may have an action against other parties; therefore, contact a personal injury lawyer in your area.

    Nothing in this answer should be construed as legal advise and does not establish an attorney-client relationship... more
  12. Justin Aaron Smith

    Contributor Level 2

    5

    Lawyers agree

    Answered . The friend's insurance company indemnifies him for the loss up to the amount of the injury or the policy limits, whichever is less, but it is, ultimately, your friend that would named as a defendant. That does not necessarily make it personal. Your friend has insurance to cover him in the event that injuries occur on his property, according to the policy. It is understandable that the insurance company wants to protect its premiums by telling you that their not responsible. That is how they make a profit. I would recommend you contact a local lawyer. Many of them, like my firm, have free consultations, and I would start there.

  13. Jason Luke Dow

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . The named defendant will be the friend rather than his insurance company. You will need to prove some type of negligence on your friend's part to be successful unless the friend has "medical payments" coverage which is a no fault coverage typically up to $10,000.00. Hope this helps.

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