Can I sue my fathers home owners insurance for pain and suffering and lost wages?
Answer Hi Frank, The homeowners insurance policy likely does have some provisions to pay medical bills for anyone injured on the property irrespective of fault determination. There is a low limit on those medical costs. This is what we call a first party claim and you start it by notifying your Fathers insurer. The contract rights are for medical expenses ONLY. No wage loss or general damages (pain and suffering) are available as a matter of contract right under your Fathers policy. In order to get those, you have to prove that he was negligent. This is what we call making a third party claim versus the tortfeasors policy. Lets take a look at the liability issues since that is what you are interested in: making a claim for lost wages and loss of enjoyment of life, pain and suffering, etc. Here are the ground rules on liability of the homeowner. We start with the most important issue: liability; we will first look at both sides of the liability issue. That is going to be the real challe
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