Who covers the medical bills for this boy's injury?

by Michelle
(Texas)

My son was playing in a neighbor's yard and with their child. My 10 year old son tackled (just playing) and knocked down their 9 year old boy. The other boy broke his collarbone/clavicle.

The boy's parents took him to a clinic to confirm the broken bone and will follow up with an orthopedic doctor. My question is, do we pay for medical bills that happened on their property even though my son tackled the other boy causing his injuries, or will their homeowner's insurance cover it? This occurred 1/21/12. Thank you.

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ANSWER for "Who covers the medical bills for this boy's injury?":

Michelle (Texas):

In a word...no. What happened was an accident. The accident occurred on your neighbor's property. Your neighbor's homeowners insurance should cover the boy's injuries.

Breaking a clavicle (collar bone) isn't much of an injury. The clavicles are some of the weakest bones in a young person's body. They heal quickly and almost never cause any residual problems.

You can do whatever you want, but it would be in your best interest and that of your son to speak with your homeowners insurance company before you do anything else. Let them handle the matter. That's why you pay for insurance.

It would also be in your best interest and that of your son to cease all communications other than referring the mother to your homeowners insurance company. Again, that should be all you will need to do.

If you have any questions about the matter your insurance company's claims adjuster will answer them. It is regrettable you have to go through this but letting the insurance companies handle it is the best thing to do.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy