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Can Parents of a Child Injured by a Third Party Driver be Held Liable?

Guthrie Insurance

As if having your 8 year old child hit by a car while riding her bike on a sidewalk is not bad enough, now the homeowner parent may be sued as well? The legal system seems to manipulate just about any situation to force insurers to get involved with ever increasing circumstances where there was never any intent either to cover or anticipate being sued.

In this case, parents of the young girl sued the owner of the vehicle for her injuries. This seems logical. The defendant car owner then in turn filed a lawsuit alleging that any damages the young girl had suffered were caused and contributed to by her parents negligence in failing to properly instruct and supervise their daughter while riding her bike. This then fell back on her parents home insurer to defend against these allegations.

Considering insurance policies (like most other contracts) are crafted by lawyers in an attempt to define those circumstances where coverage applies, it is a sad testament to our society that there is hardly any legal phrasing that cannot be twisted or interpreted to suit situations to unintended advantages by our legal system. Is it any wonder insurance premiums continue to escalate at a rate higher than inflation?

Have you reviewed your home personal liability limits lately? For further advice or information on this, or any other insurance matter, please do not hesitate to call and discuss with one of our brokers. We're on your side.

Click here to read full article from Canadian Underwriter

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