Can i the sue insurance company , not the land owner
6 attorney answers
Agree with all of the prior responses. Double on Mr. Cohon and the "med pay" coverage. Be aware than any recovery you get for med pay (no fault) or otherwise will be subject to "subrogation" claims by the person or entity that actually paid your medical bills. This is an important point as many people think catastrophic injuries like yours result in a lottery ticket recovery. That is not true. The purpose of the suit is to compensate, not enrich, the claimant.
The medical specials paid will likely go back to your own health or other carrier that paid them. That leaves you with General Damages (pain and suffering, disfigurement, and the like... no real hard dollar figures), as well as uncompensated amounts such as loss of earnings and the capacity to earn in the future. Future medicals are also unpaid, but subject to considerable dispute. To get the future damages you WILL need competent experts in orthopedic surgery, economist, etc.
Do NOT attempt to pursue these claims on your own. The stakes are high and the insurers have lawyers on tap that do heavy losses every day. They already have corrals full of experts. Be ready. Be represented. Do it NOW.
I strongly urge every asking person to actually put every bit of proof you have in front of a lawyer, in person, and get a consultation and opinion. These questions are understandably a bit short on detail, therefore a true complete legal opinion is not possible, nor is my response intended to be anything more than general information based on the facts as presented. I don't "farm" this site for clients. I also don't generally respond to emails/messages for lack of time.
Your claim is against your parents. Assuming you can prove they were at fault and caused your fall, their insurance company is obligated to pay your claim to the extent it is covered by their policy.
You might also be able to get some of your medical expenses paid by their insurance company if their policy has "no fault" medical coverage. The amount they have, if any, is set out in their insurance policy. Because statements you make to the insurance company will be used to their advantage, it would be a good idea to consult with an attorney before discussing your claim with the insurance company.
Unfortunately, most insurance policies have a provision (known as the "no action clause") which prohibits suing the insurance company directly. Only liability policies written in Wisconsin and Louisiana are required to allow the claimant (injured person) to sue the insurance company directly.
Insurance companies think that juries will award more money if you cannot sue the insurance company directly. My experience with managing litigation from Wisconsin is that it does not make a significant difference.
Talk to a personal injury lawyer.
If you have a claim, it must be brought against the at-fault party, not their insurance company. Best to talk to an attorney to determine possible defendants. Good luck!
Attorney answers to questions are for general, informational purposes only and do not establish an attorney-client relationship
You sue your parents and the insurance company defends them. You dont discuss facts so talk to a local lawyer about liability.
If my answer is "HELPFUL" and/or the "BEST ANSWER" please mark it accordingly.The content of responses to questions on this site should not be construed as formal legal advice and is for general, practical, illustrative‚ and for informational purposes only. The information in these question responses should not be used in place of a consultation with an attorney‚ or used to make legal decisions. Answers to Avvo questions do not constitute or imply any attorney-client relationship, nor do they provide a prediction of the outcome of your specific legal matter.
You should submit a claim against your parent’s insurance company. If you lived with your parents, the insurance company will likely refuse coverage.
What has the insurance company done to be liable?