Legal Question in Personal Injury in Georgia

subrogation

19 year old college student set off firecrackers. after leaving scene sparks started fire severely damaging a house. It was an accident but he did play with the firecrackers. Is he liable for damage and what might he expect from

insurers regarding subrogation? He is paying all deductibles and for personal property of a renter who did not have insurance for personal belongings (total about $5,000) This wipes out his savings account and he has no more funds and owns no property, etc. What can the insurers do to him to attempt to cover their losses?


Asked on 3/28/07, 6:38 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: subrogation

People are responsible for their actions, "accident" or not. That does not mean a deductible. It means all damages. A 19 year old setting off firecrackers (likely illegal), then leaving is not an "accident" - it is likely gross negligence or a criminal act. The insurers can, of course, go after him.

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Answered on 4/10/07, 2:49 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: subrogation

The property insurer could sue to the student for subrogation, get a judgment, and renew it every seven years until he pays it with interest. However, he could bankrupt against that judgment. I think it is unlikely the insurer would fool with that unless the student is covered by liability insurance, e.g., liability coverage under his parents' homeowners' policy. However, it is likely that the HO policy would exclude this under intentional acts exclusion.

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Answered on 4/11/07, 9:43 pm


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