Not all injuries caused by Georgia car accidents are covered by the injury victim’s automobile insurance policy. However, other insurance policies may offer coverage to people injured by a motor vehicle in certain circumstances. The Court of Appeals of Georgia recently ruled that a property owner’s homeowner’s insurance policy could be responsible for injuries caused to a woman who was injured in the owner’s driveway when she was run over by the homeowner’s truck.
The plaintiff was injured while she was looking at her friend’s truck in his driveway. She claimed to have inadvertently released the emergency brake while the vehicle was in neutral and was subsequently run over by the car, suffering substantial injuries. The woman pursued a personal injury lawsuit against the owner of the truck, as well as the insurance company who provided his homeowner’s coverage, seeking damages to compensate her for the injuries she sustained from being run over.
Before trial, the defendant insurance company pursued a ruling from the court to determine that they could not be held liable for the plaintiff’s injuries because of specific exclusions relating to motor vehicles in the homeowner’s insurance coverage at issue. The trial court granted the defendant’s motion, finding that because the injuries arose out of the “use” of a motor vehicle, that the policy exclusion applied and the plaintiff could not pursue a claim against the insurance company.