Legal Question in Personal Injury in New York

Re: Homeowners Policy Culpability

Each case and policy is factually different. However, most homeowners' policies specifically exclude car accidents from being covered in the policy. In order to find out if that is the case here, you must request a copy of the homeowner's policy.

Also, depending on the degree of your disability you may be entitled to Social Security Disability (SSD) benefits.

My office handles exclusively Personal Injury, Social Security and Workers Compensation matters, and if you have any questions feel free to call me.

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Good luck.

Re: Homeowners Policy Culpability

It depends on the terms of the parents' insurance policy. Your lawyer should find out if the parents have an umbrella policy. In addition, you should see if the under insurance provision of your policy exceeds $100,000. If it does, it would kick in,assuming timely notification. This is a case that you may have to take a verdict on and then hope to collect on the judgment over time; you say that the other driver is in college and therefore he may have a good income down the road. Hopefully, he will not file bankruptcy. I assume that you already have a lawyer, but if you don't please feel free to call me at 212-622-7180.

Re: Homeowners Policy Culpability

I'm sorry about your accident and your injuries. I can understand your frustration but you are not likely going to be able to get his parent's policy involved unless you can prove that they had knowledge that he would drive negligently, they facilitated his being able to buy a car and that they are somehow responsibility for your injuries. The fact that their son lived at their home, or may have been their dependent won't be enough to hold them responsible unless the car was in their name.

Another option is do you have underinsured motorist coverage on your auto policy? If so you my be able to make a claim under your onw insurance policy. Good luck.

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Re: Homeowners Policy Culpability

The key to answer your question is not whose name is on the policy of insurance, but rather who was the registered owner of the vehicle. If someone other than the college student owned the vehicle, you can pursue that person's assets. The standard homeowner�s policy provides an exclusion for automobile accidents and, therefore, would not be available to you. If the college student was the only registered owner of the vehicle (or the only lessee of the vehicle if it was purchased by a lease arrangement), then you can only pursue the assets of the college student. Obviously, it is not very likely that the college student has assets, but you may want to invest in an "asset check" by an investigation firm which would cost approximately $950. You should also check your own insurance policy which may have an "underinsured motorist" provision. This is additional insurance for which there is an additional small premium. If you have this coverage, you must give notice to your insurance company as soon as you discover that the other persons insurance coverage is inadequate.

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Re: Homeowners Policy Culpability

You have my sympathies. The responses of my colleagues are excellant.

I want to suggest an 'omega 3' oil in pure form has pain management qualities. Look into this and other pain management opportunities; accupuncture is VERY effective.

good luck.

(also look into the Social Security Disability as well as any private disability insurance your company may hyave had for you - if you need assistence, let me know.

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