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

Coeur D Alene, ID |

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.

Attorney Answers 6


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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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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. Mr. Seifeldein has responded based on the limited information provided by the inquirer in this forum. There is a Statute of Limitations applicable in every case and Mr. seifeldein strongly advises that the inquirer seek legal counsel immediately for a complete evaluation of the matter.

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

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

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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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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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.

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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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