I did not witness the accident. It is not an RV. She did have my permission to drive it and the owner's permission. She had driven it before. My understanding is that my daughter was driving in a field with 4 others on board of a gator/Kubota type vehicle and their weights were not evenly distributed and it tipped over. As it was tipping, the injured person stuck his leg out instinctively to try to balance but it fell on his leg. Yes, my question is regarding who is responsible for the cost of his medical bills.
There are two issues. Negligence and Insurance.
Let's start with negligence. The operator of a vehicle who causes an accident is responsible for the cost of injury or damage to others. However, in this case there may be a partial defense. The Gator in the photo is appears to be a two seater with a very shallow utility bed with no seats and no restraining devices. My guess is that the two people sitting back there were doing so dangerously therefore assumed the risk of injury. It's also possible that their position back there is what caused the imbalance of the vehicle, making them essentially responsible for their own injuries, especially if there was any horsing around going on. On the other hand, your daughter should have recognized the danger of occupying the bed, and should have refused to allow it to be occupied. There's going to be some back and forth with regard to negligence based on the details of what actually happened.
Now we get to insurance. These comments are based on standard policies used nationally but might vary somewhat in your state.
If the ATV was licensed and registered for road use, it would have to have been insured on the owner's auto policy. That policy defines "an insured" to include a driver who operates a covered vehicle with the permission of the owner. In that case, the owner's policy would pay for any injury caused by your daughter.
If the ATV was not licensed and registered for road use the owner's homeowner's or renter's liability insurance would cover it for liability and also define your daughter as "an insured" and would pay for any injury sustained by her passengers.
Both policies, of course, would have defenses available as mentioned earlier.
There may be more discussion on the matter so please answer these questions.
Is somebody demanding money from your daughter or your? If yes, who is demanding it and under what circumstances?
Has any insurance company gotten involved?
This is a Kubota Gator type vehicle.