Neighbor shot my kid in eye with airsoft gun,TX

What is the name of your state?Texas
Can I get my neighbor's to pay for the medical expenses that have resulted from our kids playing with airsoft guns? each had one, but the neighbor's kid shot our kid in the eye. in dallas texas here...can I file a claim against their insurance co., or what are my rights?
They were both playing, but he had his gun and the other kid had his own gun bought my his mom. He was in the alley and our kid was in our driveway. We called and she gave us her home insurance info, but they said she needs to file a claim and they won't give us any info. their insurance says to call ours, but ours won't get involved unless I file a claim and I don't want to do that. Don't really want to sue, but will if I am forced. Need the medical bills paid, but our son's pupil is blown and he now has 20/30 vision instead of 20/20 in that eye.

Thanks,
Ronald

how old are the kids? what has the other kid's parents said about paying for your kid's medical bills? have you considered splitting the bills in half since both kids were shooting at each other?

you would sue the kid and his parents, not their insurance company. however, you should first make a claim with their homeowner's insurance company before filing suit.

GaAtty

You cannot file a claim against the parents' homeowner's insurance. The only way that can be done is if you sue the child, or sue the parents for negligent supervision,and then their homeowner's insurance defends them if they think that is a claim that their policy requires them to defend. The other parents can ask the homeowner's insurance directly, but you will get nowhere without a lawsuit. You didn't say the damages. If the child's eye has permanent damage, like no more vision, then you might consider a suit for damages. On the other hand, if it just hurt a little while and is fine now, forget it.

sorry GA, but you first make a claim against the insurance policy. if nothing resolves from the claim, then you file a lawsuit against the parents and the kid.

First of all where did this accident take place?

In order to file a claim w/ your neighbors homeowners insurance then the incident would of had to have taken place ON your neighbors property.

And will you claim the parents were negligent in allowing their kid to have, and play withm such a device? That may be hard to do, if you also allowed your kid free access to the same device.

results??

i just noticed your posting. This just happened to our child. The only difference is that he was riding his scooter and another child shot him in the eye from approx. 3 feet away. If you do not mind, can you please tell me the results of your efforts? Thanks!

missmill said:

i just noticed your posting. This just happened to our child. The only difference is that he was riding his scooter and another child shot him in the eye from approx. 3 feet away. If you do not mind, can you please tell me the results of your efforts? Thanks!

Click to expand...

This thread is nearly 4 years old. The OP is long gone.

Thanks Zinger..got any advice?

missmill said:

Thanks Zinger..got any advice?

Click to expand...

I advise you to start your own thread. Oh, you already...
Go and unlock your other thread. This one is really nothing like yours (except for the BB gun part)