vham8 asked in Business & FinanceInsurance · 1 decade ago

homeowners insurance claim over someone being drunk?

A friend of mine was drunk. I was sober and driving. She had to use the restroom and I had to run a quick errand, so I dropped her off at my home to use the bathroom. I came back to my home, afteer being gone for about 15 minutes and she had fallen in my garage and she broke both of her feet. She did not have permission to go into my garage and she did not trip over anything. Now she is saying that she has a case to sue my homeowners insurance. She sis talk to an attorney but admitted that she did not tell her attorney that she was drinking. Does she have a case? I live in Florida and it is very hard to get homeowners insurance. I say this because my insurance company would surely not renew my contract if i had a claim.

8 Answers

  • 1 decade ago
    Best Answer

    Sadly, she probably does have a case, because insurance companies will settle to avoid a trial. And they probably will drop you like you said, especially down there. It's pretty sad that you can't have a friend over drunk or not, it's a friend. Really can't do much of anything anymore; have to worry about lawsuits all the time. People are getting so pathetic.

  • 1 decade ago

    I am not sure about FL but in KS and MO I would have most likely denied that claim for liability. With the information you have provided I do not see where you would have any liability (responsibility) in her falling. She didn't trip over anything, it was simply an accident. I guess I would need a little more information.

    She probably has a claim for homeowners medical coverage (at least this is in most states) and that would will pay up to the limits (normally 1k). That coverage is for a person on your property with permission that hurts themself, regardless of liability.

    My personal advice would be to file a claim with your insurance company. This would allow the insurance company to get working. They would most likely try to obtain a recorded statement from her on the facts of loss and that could end up helping you in the long run. You do not need to get an attorney (though that is the standard answer on this site) because if you get sued your insurance company will provide you with a defense, free of charge. That attorney works for YOU, not the insurance company.

    Source(s): Claims adj for 5+ years. Worked HO and auto injury claims.
  • 1 decade ago

    Yes, I work in an Insurance Office in FL, and have been for 5 years. I specialize in HO insurance. That is what your personal liability is on your policy which is usually $100,000 or $300,000 typically. She was on your property and that is all that matters. Insurance is a scam in a way and works in very weird ways. Damn that Tom Gallagher, better hope he doesn't get to be governor. Any other questions feel free to email me.

    Good luck.

    PS. Not sure who your insurance company is but either way you will eventually be non-renewed and sent to the state insurance Citizens. More than likely if you call your insurance company to make the claim they will pay her medical bills and she maybe content with that.

  • 1 decade ago

    Anyone can sue anyone else for anything.

    Is she just looking to "get rich quick"? Or does she have no health insurance??

    Your homeowners has a no fault coverage called Medical Payments. It will pay out for her medical expenses, even if you aren't negligent.

    I seriously doubt she'd win, if she sued you. But IMHO, that is NOT a friend. I'd sever that relationship ASAP, but if you get a letter from a lawyer, you're going to HAVE to forward it to your homeowners carrier.

    I would IMMEDIATELY start getting a list of people together who could testify that she was drunk that night - see if you can get them to write you an email or letter that you can print out. Because if this DOES go to court, you will have to prove she was drunk.

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  • 1 decade ago

    Unfortunatly she most likely does have a claim because you brought her and left her at your house knowing she was intoxicated and even though she didn't have permission to go into the garage, knowing she was impaired places all of the blame on you. I would call an attorney quickly even if it is legal aide office for proper info on the laws in your state. Good luck

  • 1 decade ago

    I feel sorry for you, but you shouldn't have left soemone in your home DRUNK by themselves. As it stands, I don't think this person would have a good enough claim to sue your insurance. But, you might have a hard time proving that she was intoxicated. You may need to get a few witnesses who could testify to that. If she got an atty, then you should definately be seeking one, too. Good luck!

  • fcas80
    Lv 7
    1 decade ago

    Notify your insurance company right away.

    Possibly they will pay her medical bills and there will not be a lawsuit.

  • Anonymous
    1 decade ago

    Anyone injured in your home, whether or not they were drunk, can sue you. Sorry.

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