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Tim
Lv 4
Tim asked in SportsOutdoor RecreationHunting · 1 decade ago

Hunting Accidents Who Pays?

I'm writing a paper for school about hunting (I'm all for it) and was wondering what happens if you are shot by accident by another hunter. Hopefully he is liable for all the medical bills, but what if he can't afford it? I'm sure you can sue, but what if that doesn't help either? Are you just stuck with the medical bills or doe's the state hunting commision help pay for those expense's with money from hunting license sales?

Update:

Did any of the first 3 answerer really read my question?

7 Answers

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  • 1 decade ago
    Favorite Answer

    same as anything else

    if there is no insurance or the guy does not own a business or have a big bank account no lawyer will even take the case for you

    Your insurance should cover this kind of accident, but I can tell you no home owners insurance will cover it unless there is a specific endorsement paid for by the insured and unless it happens on the guys property Most hunting land is state owned so good luck getting a settlement there

    The NRA used to have some decent insurance for this type of thing

  • 1 decade ago

    Probably a better question for a hospital administrator to answer.

    If the guy who accidentally shot you has home owners or renters insurance - they will automatically have a personal liability policy. This means the insurance company will for the medical and expenses - and - defend the shooter in court if need by for any civil suit.

    Hospitals, clinics, doctors, ambulance services can write off any unpaid emergency services on their taxes.

    Unfortunatly - we live in a society with too many lawyers and people have become used to not accepting responsibility for their actions. Nearly every gun bought today - $15 on the $100 spent is going toward legal bills for the gun making company to defend themselves in court. These are almost always 'frivilous lawsuits' - where the shooter claims the gun is defective - and they who got shot now wants to get a few million from the company that made the gun.

    20-30 years ago you would buy a rifle with a nice, crisp 4lb trigger pull. Today - your new rifle will have a hard clunk 7-10lb trigger pull - just to help the company defend against these frivilous lawsuits.

  • 1 decade ago

    It's usually covered by the responsible party's homeowner's insurance. Auto insurance may even pay in some strange cases (like this one: http://www.allbusiness.com/management/3587952-1.ht... If that doesn't exist, the party determined to be responsible, to the degree they are determined to be responsible (100%, 90%...) will be held liable. And real damages (cost of health care) can be only the beginning if a civil suit results. Unless your state has some peculiar laws (like when no-fault auto insurance was first introduced), that person is on the hook and the state won't be helping. Unless, perhaps, the victim is an illegal immigrant... Then all bets seem to be off (dark humor).

    See http://www.michaels-smolak.com/lawyer-attorney-158... and http://ezinearticles.com/?Hunting-Accidents---Caus...

    Added: Of course the victim's health insurance will be the first line of protection. Some non-profit hospitals "give away" care to those who cannot afford to pay. Public hospitals post public statements that they are required to treat regardless of means to pay in many states. Payment, however, can be a tricky problem if the shooter is uninsured and without any means (if they're a minor, this would have to be true of the parents). Things can shift if this is true. How is an indigent person hunting? If they borrowed a gun, there are circumstances where the gun owner may even be attached for damages in a civil suit, but that's hard to win. Example case:

    "Brisco v. Fuller, 623 So.2d 196 (La. App. 1993) Parents have no duty to prevent their adult child from endangering others with a firearm. Nor do gun owners have a duty to conceal a gun so that it is not taken without their permission. The parents were dismissed when their adult son, who lived with them, took his father's shotgun and ammunition. The son, jealous of the victim for spending time with a woman, accidentally shot him while only intending to scare the victim. There was no evidence of intentional conduct or viscous propensities in this case either."

    No, I'm not aware of a state that has money in reserve from hunting funds to pay for the medical care of the person shot. Accidents are very likely not covered in victims' funds as there must be a crime. If the shooter is cited with a crime, this would make funds available. But seldom will a true accidental shooting be ruled a crime.

  • chris
    Lv 7
    1 decade ago

    Well your stuck paying your own bills unless your among the poor and destitute and then Medical will pick up some of the cost. If it's a criminal offense then there is some monies available for victims but other than that folks have better get a good lawyer.

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  • Anonymous
    1 decade ago

    Everybody.

  • Anonymous
    1 decade ago

    My guess is the property owners insurance would have to cover it, or the person who shot the other. In court, they will always go after the insurance company first, because they can and often do get a bigger payout.

  • 1 decade ago

    here is what really happens..........you are out hunting ...Bang !!! your shot.....Guy who shot you runs up....OH, SHET!!.........and runs away..........................YOU NOW DIE.........

    THATS WHAT REALLY HAPPENS !!!!!!!!!

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