My son has got a TBI from driver failure to maintain control.

Asked over 1 year ago - London, KY

Driver died vehicle was in drivers dads name but driver lived in his moms home can we sue his moms home owners insurance?

Attorney answers (9)

  1. Bradley D. Harville

    Contributor Level 13

    5

    Lawyers agree

    1

    Answered . Complicated question. Much more information is needed. You should seek legal advice as soon as possible. Generally speaking, based on the limited information provided, it would seem your son's avenues of recovery would be: 1) The liability insurance on the vehicle; 2) any other liability policy that may cover the driver (if he lived with his mother he may be an "insured" under any liability policy on any car she insured; 3) If there is no insurance on the vehicle or under any other applicable policy, then you would look to any UM coverage covering your son under your own auto policy(ies); 4) If the liability insurance is inadequate, you would look to any UIM coverage under your own auto policy(ies). Your son would also be entitled to Ky. no-fault benefits. There are specific statutes applicable to this process that would absolutely require legal representation. To answer your question, I would expect the mom's homeowners' insurance would have an exclusion for auto claims and thus provide no coverage. If you wish to discuss further I would be happy to speak with you, you can reach me on my cell phone which is (502) 558-0666. The call is free. Good luck.

  2. Michael Shemtoub

    Contributor Level 17

    5

    Lawyers agree

    1

    Answered . You have a few options so you should contact a local attorney to go over those.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    4

    Lawyers agree

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    Answered . So sorry about this tragedy. There may be more policies that are available to your son then the mother's policy. Contact local and qualified personal injury litigation counsel asap. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Albert Lee Crosner

    Contributor Level 18

    4

    Lawyers agree

    Answered . I am not sure why you did not mention any automobile insurance either by you son or the other driver. If you did or the other party did and liability can be proven, there should be funds available that need to be found. Uninsured motorist should also be looked at depending on available insurance. Please find a local area personal injury attorney to help you through this insurance process. Good luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . There may be more than one policy to recover from. For a wealth of info on TBI, feel free to visit my website. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. George Costas Andriotis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The incident and associated insurance policies need to be investigated by a qualified attorney. Consult one ASAP to preserve your son's rights in this matter. Best of luck.

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

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am sorry that your son has suffered this injury. It is imperative that you contact a personal injury as soon as possible. Go the the "find a lawyer" tab and find one in your community.

  8. Steven Mark Sweat

    Contributor Level 19

    2

    Lawyers agree

    Answered . Retain an experienced personal injury attorney immediately. Traumatic Brain Injury can lead to a lifetime of medical issues and you need to try to obtain maximum compensation.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Homeowners insurance does not apply here.

    You may find it helpful to review the Legal Guides I have published on Avvo.com, one of which deals with the TBI type injuries. The Guides can be accessed through my profile page.

    A traumatic brain injury is an extremely significant injury.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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