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dabovich · Jul 18, 2012, 10:00 AM

I was at a party the other night when an 18 year old got out of the car walked over to me and my friend on the sidewalk and punched me in the face twice with out any provocation. The first time in the mouth causing 9 stitches through the lip and then a black eye. I've already filed a police report. He lives at home with his parents. Can I sue he or his homeowners policy?

tickle · Jul 18, 2012, 10:27 AM

If you were on the sidewalk, not on the property, then I don't think there is any chance of anyone's homeowner's policy covering your injuries. What do the
Police say about the incident? Is he being charged? You say it was unprovoked?? No one does that without being provoked into it.

smearcase · Jul 18, 2012, 11:04 AM

Does your state allow carry permits?
In my state this guy would have never seen his 19th birthday possibly.

AK lawyer · Jul 18, 2012, 04:16 PM

Originally Posted by smearcase

Does your state allow carry permits?
In my state this guy would have never seen his 19th birthday possibly.

Evidently, in your state they don't require instruction in the lawful use of deadly force, before such permits are issued. If they did, you would, or should, have learned that pulling a gun under those circumstances is probably not lawful. Try that, and you will, and should, end up in prison for a few years to think about it.

To answer the OP's question, one could probably not sue the homeowner who was throwing the part, could sue the aggressor, but could not sue the insurance company of either. If either is sued, they can ask their insurance company to defend; and if the insurer believes the tort is a covered, will defend and pay a judgment if you recover a judgment.