Claim denied because I was "trespassing"....huh?

[puzzled_1]

I was injured when I tripped over a tent peg in a neighbor's yard. I sustained injuries that will mean lost wages and extensive medical treatment for the next 3/4 months.

My child was playing in the yard of this neighbor, he does this often as does her children in my yard. It is a common practice for me to walk up to her house to collect my son when it is time to come home. She has done the same when collecting her children from my yard. This particular time I tripped. I sought medical attention, established the extent of the injuries and filed a claim on the neighbor's homeowners policy. I was told today that the neighbor's policy only covered $1000 in medical and that all liability had been denied because according to Alabama law I was "trespassing." I find this incomprehensible. I have scheduled an appointment with an attorney and plan on filing a suit but if this is Alabama law it would be a waste of my time. Do I have reason to file suit or is this really a matter of trespassing?

 

[I AM ALWAYS LIABLE]

My response:

The insurance company is giving you a load of bull****. If your child goes to this neighbor's property "all the time", then you and the child were not trespassing. That's because, and since you are neighbors, you have "implied consent" to be on their property.

File your lawsuit.

IAAL

 

[puzzled_1]

Thank you very much, that was my thinking also. I just wanted to make sure my brain was working right on this one.