ATV Liability – Do You Have Insurance Coverage Under Your Homeowners Policy?

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

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