All Terrain Vehicles (“ATVs”) like motorcycles or cars can hurt people when driven in a careless manner. Just like cars or motorcycles, ATVs commonly carry liability insurance for the ATV, or are sometimes covered under a homeowners’ policy of insurance. If you are hurt on an ATV, you are not out of luck for recovering compensation for your medical bills, your lost wages, or your injuries.
Separate ATV Liability Insurance Policies.
ATVs often have a separate liability policy of insurance to cover physical injuries that an ATV driver causes to passengers or other people that the driver collides with. These policies are similar to Utah car policies where a simple insurance claim is made and the process follows a similar road to car accident personal injury claims.
Homeowners’ Insurance Policies May Cover ATV Accidents.
ATV accidents can sometimes be covered under the applicable homeowners’ insurance policy. In 2013, Howard Lewis & Petersen, PC successfully litigated whether the homeowners’ insurance policy covered an ATV rollover that caused serious injuries to the passenger. You can read this opinion at http://www.utcourts.gov/opinions/appopin/american_national121213.pdf.
The dispute in that case was whether the homeowners’ insurance would cover the ATV rollover that occurred on a non-contiguous community commons area, rather than occurring directly on the residential premises. The Utah Court of Appeals held that the homeowners’ policy of insurance did cover ATV accidents that occurred in the community commons area and the passenger was able to make an insurance claim for his injuries.
It is a sad story when a father takes his son on an ATV ride, but crashes the ATV, severely hurting his son. It is an even sadder story when the father doesn’t know that his son is entitled to make an insurance claim against the ATV liability policy or against his own homeowners’ policy to help pay for his son’s medical bills and injuries.
If you are hurt by an ATV crash, you should protect your legal rights by contacting Attorney Jacob S. Gunter to see whether you can receive compensation for your losses.