If you let someone ride your ATV, are they covered by your insurance? That's the question the South Dakota Supreme Court is considering as it opens its fall term of court in Yankton. 

In 2005 near Milbank, the Hanson family let their son ride their ATV to a friends house.  While the ATV was at the home, two cousins, Shane and Jozette Gertsema, jumped on the ATV and ended up rolling it, paralyzing Jozette from the chest down.  Now the Gertsemas say the Hanson's insurance policy should cover their daughter's injuries.

"The kids all testified, 'Yeah anybody, any of our friends could use it as long as we were around and they weren't doing anything stupid,'" Gertsema's attorney David King said.

King argues Jozette Gertsema's cousin had permission to drive the ATV from 13-year-old Brittany Hanson that day. Hanson's parents owned the ATV so Gertsema says she should be covered under their insurance.

"The dad, the father testifies that Brittany and Jacob Hanson are both always fully authorized and permitted drivers of that ATV. In other words, it's my belief that he says that because they are fully authorized and permitted to use that ATV that they can give permission," King said.

But Roy Wise, an attorney for State Farm Insurance, told the South Dakota Supreme Court if they rule in the Gertsemas favor they are setting a bad precedent. 

"Are we going to say that a 13-year-old who can't get insurance can convey insurance to a 15-year-old? Where are the limitations?" Wise said.

Wise also says while the Hanson children could give other people permission to ride the ATV, there were limits. 

"That her parents didn't always grant her permission to use it and she wasn't allowed to use it when she was grounded.  They were very clear that the control laid with the parents," Wise said.

And that day the parents weren't around when Jozette Gertsema was paralyzed in the accident. 

The circuit court did side with State Farm Insurance in this case, but the Gertsemas are asking the Supreme Court to send it back for a trial.
 
The justices will make their decision on the case at a later date.