We went to a neighborhood picnic. My son was playing on the other team (Kyle age 22).The ball gets hit out of bounds on his side so he runs and gets the ball. He turns and throws the ball underhand to a player on the opposing team who's turn it was to serve (about 10 feet away). The person he threw it to who was also closest to him was Gary (age 50). Gary had ran to the sideline to take a drink from his beer and when the ball got to Gary it hit his hand holding the beer which broke his tooth. Gary was at the party still drinking to about 1am in the morning. A few days later we got a certified letter from Gary's lawyer saying that he was suing Kyle, Me and my wife because of Kyle's negligence. I disagree that my sons actions were negligent (performing a natural act in a game of volleyball (throwing it to an opposing teams member who's turn it was to serve). I believe the negligence was on Gary (drinking a beer during a sport). The letter from the lawyer states that we must tell our homeowners insurance and if they deny the claim that Gary will sue us personally. I do not want to see Gary get a dime. I would rather he take us to Small Claims court than be given money from our insurance. My insurance company says that we should start a claim and they will investigate but I feel like that could effect my insurance either way. Gary does not want to sue the neighbor who had the picnic because he's friends with them. Everyone that we spoke to from the picnic (included the owners of the home who had the picnic) says that Gary is wrong in their eyes.
Country relating to Question: United States
State (if USA): Connecticut
Nothingbut talk to the my insurance company
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.Please note that there may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon as I can.The rule is that a person who engages in voluntary recreational activities assumes the risk of injury from that activity, excluding a situation where the injury was caused intentionally, or where the person causing the injury was reckless or disregarded a very high probability that injury would occur from his actions. Otherwise, when people get injured playing sports, they're considered responsible. So, even if the injured party could show that your son actually fell below the standard of care employed by people engaged in sports, that's not enough. Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
What about the part of my question saying how my insurance company want me to start a claim? I'd rather avoid that.
You don't have any obligation to start a claim. There's no law that can make a person use their insurance. You may want to read the policy to see if there's any language that even suggests that this would be covered. If there isn't, there's no need to involve the insurance company at all.
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