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I'm being sued for auto negligence-personal injury. Do I have a case to counter sue & will my home ins co cover claim?

Barnegat, NJ |

My son, further referred as juvenile 1 and his friend, further referred as juvenile 2, WITHOUT MY KNOWLEDGE, were provided alcohol by adult member of juvenile 2 family and were allowed to go riding ATV that belonged to juvenile 1 with him as a driver and juvenile 2 as a passenger. Which end up in an accident where juvenile 2 sustain severe injuries.

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You might want to talk to an insurance coverage attorney asap. Have the atty review your auto ins policy and your homeowners. You could have a problem with potential exclusion for motorized "vehicle" under the homeowners, depending upon how it is defined in policy. Sounds like you would have a basis for a cross complaint for indemnity against the adult member of J-2's family. That might not be much help, depending upon that persons financial condition and whether there would be ins coverage foir that person's act. Also, depending upon J-2's age, he may have assumed the risk of riding knowing J1 had been drinking. J2 may be comparatively at fault and depending upon your state law that could be a ppartial or complete defense.
If I were you, Id talk to an ins coverage atty even if I had to pay for consult, before reporting to ins cos and possibly saying the wrong thing.


You may or may not have coverage depending on your policy. You need to make a claim. Because Juvenile 1 was operating the ATV and crashed, there is a chance he will be found liable for negligently causing the accident.

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Report the incident to your insurance carrier as juvi 1 will be at least partially liable. The parent of juvi 2 may also bear some responsibility depending on the situation involving the alcohol.

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Don't beleive you have grounds for a counter-claim. However, sounds like you have grounds to allege comparative fault on the part of adult member of juvenile 2. Contact a personal injury lawyer in your local area immediately.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.


Report this to your homeowner's insurance carrier to resolve, and let them know about the other party.

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New Jersey Personal Injury - Homeowners Insurance Coverage - Contribution and Indemnification. Patrick Amoresano You should certainly notify your homeowners insurance carrier of the incident to confirm your coverage. If they acknowledge coverage, they will hire an attorney to defend the claim and assert claims for contribution from Juvenile 2's household. If coverage is denied, you should consult with an experienced attorney to determine whether the denial is appropriate or unjustified.

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