I have heard of a case where a child riding a ATV marked *18 and older* and suffered a bad crash that left them paralyzed. The insurance company skipped out of paying . Anyone else heard of this ?

 

RickRitter, Yes. Actuall only something like it. I don't really remember how it goes. Follow with a grain a salt because I've forgotten how this actuall went. Bottom line: Insurance was forced to pay.

A 13yr old girl was riding the owners daughters ATV in front of house. The mother of the 13yr old arrived to pick up her daughter. She wanted a ride on the ATV her daughter was riding so mother and daughter begin to ride and crash killing one of the them. Owners were sued by mother or daughter's represntation and insurance refused to pay. It was brought to court in MN and Insurance was forced to pay. If there is any MN riders out there and remember this please help as I've forgotten where I saw the legal action on the Internet and what actually happen. I think it was 98 or 99.

 

I have heard of it, but not experienced it. I talked to my agent about that sort of thing a while back, and he rocommended additional blanket liability coverage. I don't know if it was needed, or just lines the pockets of the insurance company, but I would gladly pay the extra $100 a year to not have someone stuck with hospital bills, or have to sell the farm to pay them.
I would think your liability should be based at least partially on how direct control you had at the time: were the parents around, or were you in charge, were you riding double, etc.

 

My wife is an insurance agent, but only deals with commercial policies. I asked her and she said to her knowledge the persons health insurance would have to cover it regardless. The only situation she could see that the insurance could get out of it is if they had an exclusion for injuries caused while riding atv's and such, which she said she's never heard of. It should fall in the same category as a child riding a bike that's to big for them or any toy that might be specified for a higher age. The age specifications are only to protect the liability of the manufacturer, but of course laws can vary in every state.