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

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?

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Attorney answers 9


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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


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

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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.


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


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 response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in 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. I am not your attorney until retained by a written retainer agreement signed by both of us. See also terms and conditions item 9, incorporated as if it was reprinted here.

Albert Lee Crosner

Albert Lee Crosner


I would also like to tell you how sorry I am about what happened to your son and I hope he will get better.


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


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.


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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


Homeowners insurance does not apply here.

You may find it helpful to review the Legal Guides I have published on, 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 dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

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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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