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corasha
Aug 19, 2008, 06:46 AM
In Alabama, homeowners liability is 100.000. This homeowner was cuting a tree close to the road.my husband was riding his motorcycle an the tree fell on him. The bills are more then the liability. Is there anything else we can do.:(

ScottGem
Aug 19, 2008, 06:53 AM
You can try suing the homeowner. But I have to feel your husband has some blame here (Maybe the lion's share) and that will impact any legal action.

rockinmommy
Aug 19, 2008, 06:56 AM
You absolutely can sue them and their insurance company. I can't believe you haven't had personal injury lawyers beating down your door. The problem is that you can't get blood from a turnip, so once the insurance is exhausted you can only "get" what they personally have to give.

Also, his medical insurance should pick up where their liability insurance leaves off, as well as his motorcycle policy.

Have you consulted an attorney yet? I would do so now.

corasha
Aug 19, 2008, 06:57 AM
How is my husband to blame

ScottGem
Aug 19, 2008, 07:10 AM
Someone cutting down a tree is not an invisible happening. Under the prudent man axiom, approaching a tree that is being cut down would not be the actions of a prudent man.

The homeowner was working on his property, while he should have checked to see if the drop area of the tree was clear, if he did and someone wnet into the drop area after he checked, there would at least be some shared responsibility.