Will home owners insurance cover a fight that takes place right outside the house? How? 25 Answers as of August 28, 2015

I got into an altercation and was punched by a resident on the side walk adjacent to his house. The resident owns the house. The resident pleaded guilty in the criminal matter and I won. Can I sue him for damages in civil court? I broke my orbital bone in my face and had cosmetic surgery.

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Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
Given the facts you set forth in your question, it appears you have an injury case. For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answer Applies to: Utah
Replied: 6/2/2015
Stephens Gourley & Bywater | David A. Stephens
The homeowners might cover it if you plead the case carefully.
Answer Applies to: Nevada
Replied: 5/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Did the court order him to pay restitution? I would expect they did. I think you can sue him civilly for the injuries he caused. It's important that you consult an experienced personal injury lawyer. Please note that in Wisconsin there is at present 3-year limitations period within which you must bring suit. This period was recently raised from 2 to 3 years. Probably the 3-year period applies in any event, but there is at least an argument that the statute of limitations then in force should govern.
Answer Applies to: Wisconsin
Replied: 5/29/2015
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Absolutely you can sue him in civil court. Regarding insurance coverage, it would depend upon what his policy provides. Generally such policies have an exclusion for criminal intentional acts. I could not answer without examining the policy.
Answer Applies to: Washington
Replied: 5/29/2015
Gates' Law, PLLC | Thomas E. Gates
You can sue for damages. You will be suing him not his insurance company. If a judgment is awarded, it would be up to him to find the resources to pay. He may elect to have his insurance cover the judgment if he is covered.
Answer Applies to: Washington
Replied: 5/29/2015
    Law Offices of Carl L. Brown | Carl L. Brown
    You may have a case. You should seek a consultation with an experienced personal attorney.
    Answer Applies to: California
    Replied: 5/29/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    A fight is considered an intentional act and usually insurance will not cover it. Insurance covers accidents only. You can always sue civilly but you will need a collection lawyer to turn any judgment into money.
    Answer Applies to: Michigan
    Replied: 5/29/2015
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    The coverage for homeowner's insurance can vary, so you may wish to contact the company to verify coverage. However, most homeowner's insurance policies do not provide coverage for the intentional act of an insured which causes harm or damage. That makes sense, because the insurance company does not intend to cover a situation where their insured intends to cause damage; for example, their insurance should not cover if the insured takes a baseball bat to someone's car. Homeowners policies cover negligent acts, not intentional acts.
    Answer Applies to: Kansas
    Replied: 5/29/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Yes you may sue civilly. It is unlikely his homeowners coverage will provide coverage or cover the loss as this is a criminal act that is likely excluded from coverage. You will probably be limited to collecting any damage award from the personal assets of the fighter. You'll probably want to consult local counsel to review all the facts and damages so that a more in depth analysis can be made.
    Answer Applies to: Michigan
    Replied: 5/29/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    That's a serious injury. Generally, insurance will not pay for intentional acts, and since a guilty plea is the equivalent of a criminal conviction, they could disclaim. I don't know what you mean by the remark "and I won", though: when there is a criminal prosecution, the state brings the action, hence the designation "People -vs- ". Anyway, it could be possible you could find a lawyer who could shoehorn this into a negligence action, claiming that it was the unintended result of an intentional act. I think the odds are against you, but with the stakes this high it may be worth shooting for.
    Answer Applies to: New York
    Replied: 5/29/2015
    Ty Wilson Law | Ty Wilson
    You should speak to a Georgia personal injury attorney.
    Answer Applies to: Georgia
    Replied: 5/29/2015
    Law Offices of George H. Shers | George H. Shers
    Yes, you can definitely sue but homeowner's insurance normally does not cover intentional acts and they may also deny coverage because it was not on the premises [although most cities take the position that the home owner owns the sidewalk and the city just has an easement.
    Answer Applies to: California
    Replied: 5/29/2015
    Universal Law Group, Inc. | Francis John Cowhig
    You can sue him civilly for damages, but, since this would be considered an intentional tort, his homeowner's insurance will most likely not cover your damages.
    Answer Applies to: California
    Replied: 5/29/2015
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    Yes, good case. Collectability could be an issue. But, even if insurance doesn't cover it, the resident owns his home, and this could be liened for payment. The criminal conviction which required proof beyond a reasonable doubt will carry the civil liability, as that only requires proof by preponderance of the evidence (the ?more likely than not? standard). This should be pursued.
    Answer Applies to: Michigan
    Replied: 5/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can sue him but it is very doubtful there will be any insurance coverage. Question one is if he is collectable.
    Answer Applies to: Michigan
    Replied: 5/29/2015
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    You could sue. However the insurance company probably has an intentional act exclusion. You should try and determine whether it does .But there also may be medical payments coverage which you should be able to collect.
    Answer Applies to: Nevada
    Replied: 5/29/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    How did you win in the criminal case, when you were NOT a party to the litigation? It was the state versus the accused. You were solely a witness. Is everyone retarded on this website? You did not break your orbital bone, the homeowner crushed you in the face: HE BROKE YOUR ORBITAL BONE.
    Answer Applies to: Georgia
    Replied: 5/29/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The homeowners insurance policy will defend the claim but not necessarily easily pay it. There are exclusions for intentional conduct such as an assault. A good attorney can get around those limitations.
    Answer Applies to: Connecticut
    Replied: 5/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Yes, you can sue him, but homeowners insurance may or may not cover it. They probably will provide the homeowner with a lawyer, but they will probably reserve their rights to refuse coverage. How you go about pursuing your claim so as to make the claim be covered by insurance can be tricky. The policy will exclude intentional and criminal acts from coverage. You probably should consult an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 5/29/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/28/2015
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    Intentional torts, such as assault, typically are not covered by homeowner's insurance. Whether you can sue is also subject to debate depending upon several factors. Were you actually on the property? It sounds like you were on a public sidewalk, so the owner's insurance probably wouldn't apply. If you were on the property, what was your status? Were you trespassing? Then the owner owed you no duty of care. Were you a licensee? Then there might be liability if the danger was known and visible. Were you an invitee? You may have the most protection if this was the case. It also sounds like you were hit by a resident, does that mean a tenant? A landlord is not generally liable for things a tenant does. You should consult with an attorney who practices tort law to be certain on your rights. As you can see, there are multiple factual matters to consider here.
    Answer Applies to: Washington
    Replied: 5/29/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course you can sue, bur will you ever collect? Insurance does not normally cover intentional acts.
    Answer Applies to: California
    Replied: 5/29/2015
    Andrew G. Rosenberg, P.A. | Andrew G. Rosenberg, Esq.
    If it was on the property, I would say yes. Also, there is other potential insurances to consider as well, such as umbrella insurance coverage.
    Answer Applies to: Florida
    Replied: 5/29/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Yes, the Homeowners Insurance will definitely defend the case. However, if you want to collect, it will be appropriate to hire a lawyer since you will have to plead negligence theory in the lawsuit against the Homeowner. Assault is not generally covered by insurance policies. However, artfully handled you can collect in the case.
    Answer Applies to: California
    Replied: 5/29/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Insurance will not cover the criminal acts of insured, but you can sue the guy and try and collect off him.
    Answer Applies to: California
    Replied: 5/29/2015
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