Should our homeowner's or the person's car insurance cover a recent accident on our driveway?

The person was driving up our heated driveway, but backed up over the heated tracks in the snow. She then got out of the vehicle to let my husband back her out, but when she did, she slipped in her heels as her car slid back while in park (about a foot?) and her legs were stuck under the front driver side tire. Ambulance, police & fire truck showed up. The lifted car off her legs, she was taken in the ambulance, & was sent home with a severe sprain & crutches. Everything was documented, & reports as well as pictures were taken.

Coeur D Alene, ID -

Attorney Answers (6)

Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Report the accident to both car insurance and homeowner's insurance carriers.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Sponsored Listing
Sean Michael Patrick

Sean Michael Patrick

Car / Auto Accident Lawyer - Sacramento, CA
Answered

Typically if an injury occurs on your property because of an unsafe condition that you caused or maintained, your insurance coverage would kick in. If it was the driver's negligence, the driver's insurance would kick in. I would submit the claim to both and let them work it out.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
Mohamed E Seifeldein

Mohamed E Seifeldein

Personal Injury Lawyer - Falls Church, VA
Answered

Hi,

First, see what the police report states. This may show if there was a violation. Second, call your insurance and see what the say. Typically the insurance companies will work it out. The best course of action is to consult with a lawyer in your area.

The response to this question is not intended as legal advice and does not create an attorney/client relationship.... more
Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

I would suggest that you contact your carrier to discuss. It is going to depend on policy language.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Car / Auto Accident Lawyer - Berkeley, CA
Answered

I have to agree with attorney Patrick in this case. However, it is up to the plaintiff and her attorney to decide how to go about it. Your notify your house insurance of this incident and then wait and see what happens. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
Lars A. Lundeen

Lars A. Lundeen

Personal Injury Lawyer - Rutland, VT
Answered

Chances are the victim's car insurance will pay for her medical bills up to the limits of her coverage. I do recommend that you contact your homeowners insurance carrier and advise them of this incident. Homeowners insurance does not cover car accidents, but this may be a combination of your heated driveway (a property or home related claim) and her car. Let your homeowners insurance carrier sort it out. If you fail to tell them about it, you may jeopardize your homeowners insurance if you need it for this claim.

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.

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.