What Can You Do When You’re Injured on Your Own Property?
Major accidents can unexpectedly happen anywhere, even in the safety of your own home. While it may seem like something that would never happen to you, an East Tulsa family has unfortunately become a repeated victim of car accidents literally in their own backyard.
Recently, a speeding car slammed into the fence which protects their yard—and their children—for a fourth time. However, the family says this recent accident was different from the others because the car fled the scene, even leaving their bumper behind. While thankfully their family has been safe from injuries thus far, they believe the clock is ticking. Their young children play outside all of the time, and they fear the worst.
Hearing about these multiple accidents raises a lot of questions, like what would happen if one of their kids did get injured? When you get hurt in any type of accident, you need to be aware of the steps you can take to protect yourself and to seek compensation for your injuries and damages.
What happens if a car crashes onto your lawn and injures you?
Imagine the worst-case scenario actually happened to that East Tulsa family. They were sitting outside, enjoying the nice weather when a speeding car slammed through their fence and hit one of them. The injuries would likely be quite substantial, so they want the negligent party to be held accountable for their actions. However, what type of insurance should they contact to help with compensation? The good news is, there are options.
- Auto insurance: If the driver responsible for the accident is identified and apprehended, their auto insurance may cover the damages to your property and any injuries you sustained. The driver’s liability coverage could potentially provide compensation for their medical expenses and property damage.
- Homeowners or renters insurance: Depending on the policy, their homeowners or renters insurance might provide coverage for property damage caused by a motor vehicle accident. However, coverage for personal injuries may vary, so it’s important to review the specific terms of your policy or consult with your insurance provider.
If the driver flees the scene and cannot be identified, it can complicate matters when it comes to insurance coverage. However, there is a type of coverage that can be relevant in such situations:
- Uninsured/underinsured motorist coverage: If the fleeing driver is not identified, does not have valid insurance or does not have adequate insurance coverage, a claim under an auto insurance policy’s uninsured/underinsured motorist coverage would be warranted.
When to use auto insurance over homeowners’ insurance
In the event that something like a car hopping the curb and hitting you while you’re in your own driveway happens, auto insurance is generally the primary insurance coverage to consider for addressing injuries. Auto insurance policies are specifically designed to provide coverage for injuries and damages resulting from car accidents. Compared to homeowners’ insurance, which primarily covers property damage and personal liability incidents that occur on your property, auto insurance is more directly applicable when it comes to car-related accidents. Auto insurance policies typically include bodily injury liability coverage, which can help compensate you for medical expenses, lost wages, and pain and suffering resulting from the accident. There is also a separate pot of money allocated for property damage resulting from auto collisions.
While homeowners’ insurance may provide some coverage in certain situations, such as if the accident occurs due to negligence on your part, it is generally not the primary source of coverage for injuries sustained in a car accident. Homeowners’ insurance is better suited for addressing property damage caused by vehicles, such as damage to your house, fence, or other structures.
Could you ever use both auto insurance and homeowners’ insurance after an accident?
The short answer is yes, under the right circumstances. If a Tulsa car accident caused injuries to you or someone else, auto insurance will cover those related medical expenses as well as damage to your vehicle. If the accident also caused property damage to your home or other structures on your property, you can also likely turn to your homeowners’ insurance for coverage.
Tulsa’s “Traffic Calming” application may help
Traffic calming measures are strategies and techniques implemented to reduce traffic speed, improve safety and enhance the quality of neighborhoods and streets. These measures aim to create a safer and more pleasant environment for pedestrians, cyclists and residents in areas with high traffic volume or speeding issues.
In Tulsa, the process for requesting traffic calming measures typically involves a collaborative effort between residents and the city authorities. While anyone in Tulsa can express their interest in traffic calming for their neighborhood, the formal application process usually requires coordination with the appropriate city departments or agencies responsible for traffic management. To initiate the process, residents often need to work together as a group or through neighborhood associations to gather support and present a unified request. This collaborative approach strengthens the case for implementing traffic calming measures by demonstrating a community-wide interest in improving road safety and addressing traffic concerns.
If you have recently been involved in a car accident where a driver drove onto your property and injured you or a family member, you should contact an attorney immediately. These are complex cases that may involve negotiations with multiple insurance companies, and they can be daunting to tackle alone. Contact the team of attorneys at Biby Law Firm for help. We’ll remain on your side as we fight to get you the compensation you deserve. For a free case evaluation, call our Tulsa office or complete our contact form today.
Jacob Biby has spent his legal career helping folks just like you get the resources they need after a personal injury, car accident, or oil field injury. He completed his undergraduate degree at Oklahoma State University and earned his Juris Doctorate from the University of Tulsa in 2008. Jacob is licensed to practice in all Oklahoma state and federal courts. Learn more about Jacob Biby.