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.
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.
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.
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.
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.
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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