What is liability for property damage?

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PostPosted: Wed Mar 24, 2010 8:07 pm   Post subject:   

Quote:
My windshield is cracked. My insurance company said that since I only had liability they wouldn't cover to replace it. Is this true?




Yes, it's true. In order to have coverage for glass damage, you need to have "other than collision" (also known as "comprehensive" coverage) on your car. This coverage pays for glass damage, vandalism, theft and a host of other things that are caused by "other than collision."



This is part of what's called the "physical damage" portion of an auto policy. Your coverage is liability only- it will only protect the other guy in the event it's your fault in an accident. It will pay for bodily injury and property damage to a "third party:" the other guy.



Sorry 'bout that!



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PostPosted: Wed Jun 02, 2010 5:15 pm   Post subject:   

What type of auto insurance provides coverage from a tree falling on your car as it sits in your driveway?

A. collision coverage.

B. bodily injury liability.

C. comprehensive physical damage coverage.

D. property damage liability coverage.


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PostPosted: Wed Jun 02, 2010 5:20 pm   Post subject:   

C comp

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PostPosted: Fri Nov 12, 2010 12:07 am   Post subject: mailbox damage  

A driver hit and broke our mailbox. The particular mailbox is required under HOA rules to match all the others in our subdivision. The person who hit and broke the box was observed doing the damage by a neighbor and asked her to write a note with her contact info. In the note she stated her willingness to pay for repair or replacement. The individual has not returned calls about taking care of this. What should we do? File a police report? Our neighbor got the license plate numbers for the driver and we picked up bits from her broken tail light and kept. them. Please advise. Thanks!


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PostPosted: Fri Nov 12, 2010 12:18 am   Post subject:   

When a person is in an accident they are required by law to exchange DL info and insurance. You did not obtain their insurance information?



I'd see if the police will take a report. They will probably just allow you to file out a form and that is it.



You can contact your DMV and see if they might give you the last known insurance info. Some will, some won't.



You could also knock on the person's door and see why they won't return your calls. Get their insurance information while you are there. If they won't give it right then and there (don't accept a promise to pay at a later date... they had that chance) then report to the police that this person cannot show you proof of insurance as required and refused to give this to you. You may want to see if an officer might accompany you to this person's home. Let them know you don't want to get hurt but need this person's insurance information.



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PostPosted: Fri Nov 12, 2010 9:48 am   Post subject:   

Quote:
When a person is in an accident they are required by law to exchange DL info and insurance. You did not obtain their insurance information?




I think, from what the OP wrote, that the "accident" occurred when the OP was not home.



Quote:
The particular mailbox is required under HOA rules to match all the others in our subdivision. The person who hit and broke the box was observed doing the damage by a neighbor




You should go ahead and replace your mailbox at your expense to comply with the requirements of both the Post Office and the HOA. That will establish your "damages".



You don't really need a police report, although you could request one -- you haven't indicated how long ago this occurred, and the police don't like taking reports of accidents that happened too long ago. But if you know where the person lives, and your neighbor has provided you with a witness statement, you can make a written demand for your damages with the person responsible for them, indicating that you have at least one witness to their negligent act. That is a requirement if you need to later sue the person in small claims court, which is probably where this is heading.



On your end, this is probably a loss of much less than $100. No one wants to turn that kind of a claim into their auto insurance company and risk an increase in premium. So in your letter, indicate that you will file a claim with their insurance company or sue them in small claims court if they fail to pay for your damages in the next 15 days. Be sure to send the letter CERTIFIED WITH RETURN RECEIPT REQUESTED -- it will cost you about $4.50, but it can be used as proof that you sent the letter as required.



If they fail to respond, file the small claims case, and have your witness provide you with a notarized statement describing the incident. Although a notarized statement is not as good as having the witness testify in court, it is acceptable as evidence in a small claims case, where the rules of evidence are much more "relaxed" than in more formal civil proceedings. If you win, you'll get your damages and court filing fees awarded by the judge. Then you just have to collect . . . which is the same problem you already have . . . but at least with the judgment in hand, you will have other legal remedies available that you don't currently have.


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PostPosted: Sat Jan 15, 2011 5:46 am   Post subject: Fire Liability Claim  

Neighbors house caught on fire and cause damage to next door homeowner house. Is neighor insurance liable for damages to homeowner house?

Neighbor insurance State Farm does not want to give homeowner a copy of title declaration page of Neighbor insured. What should we do?

We are in Michigan.


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PostPosted: Sun Jan 16, 2011 2:51 am   Post subject:   

OK, so your neighbor's house caught fire and that resulted in a contingent loss to your property. There are two or three ways to handle this.



First, and probably the easiest, is to file a claim with your own homeowner's insurance company, pay the deductible and let your insurance company go after your neighbor's insurance to recover its loss on your behalf. They might even recover your deductible for you.



Second, file a liability claim with your neighbor's insurance company. There is no need to obtain a copy of the declaration page to do this. All you need to know is who the insurance company is (apparently State Farm). They will send an adjuster to survey your damages and effect a settlement. If you do not agree with the value of their assessment, you can continue to push them for more.until one of you gets what you want.



Third, you can simply eend a demand to your neighbor for the value of the loss. If he fails to respond within 20-30 days, then you sue your neighbor in small claims or superior court (depending on the total amount of damage). If you win, their insurance company will have to pay the loss, up to the full liability limit in their policy.



Take you pick.



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PostPosted: Thu Mar 10, 2011 4:21 pm   Post subject: home damaged  

My house was damaged by car.My insurance fixed with out cost me.Now isurance wants me sue the person who did this damage to recover insurance expencise because person was with out insurance.

Do I suppose go and sue this person under my name to help incurance company or insurance have to do it itself?


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PostPosted: Thu Apr 28, 2011 5:59 am   Post subject: What is liability for property damage?  

Any Insurance company pay for property damage when our vehicle get damaged in any accident or our property gets damaged.

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PostPosted: Mon Aug 01, 2011 1:47 am   Post subject:   

If a motorist hits a fence that is approximately 3 feet off the road who is at fault the motorist or the property owner both have damage? In tennessee.


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PostPosted: Mon Aug 01, 2011 4:55 am   Post subject:   

The motorist. Even if the fence was in violation of some code, I can't see how this would in anyway cause the motorist to hit it.

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PostPosted: Thu Aug 04, 2011 11:42 pm   Post subject:   

Quote:
What type of auto insurance provides coverage from a tree falling on your car as it sits in your driveway?

A. collision coverage.

B. bodily injury liability.

C. comprehensive physical damage coverage.

D. property damage liability coverage.




I am going to choose "none of the above" as it's my neighbor's tree, he knew it was going to fall down, ignored the hazard, the tree fell and hit my car in my driveway. It was a really tall tree. I'm gonna make his homeowner liability pay for it



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PostPosted: Fri Aug 05, 2011 12:24 am   Post subject:   

That's why you and I will never score 100% on any state insurance license exam. If the question appeared in that form on the California P&C exam, the answer would be "Other than collision". Adding the bit about the tree being the neighbor's property would certainly take the matter to the homeowner's policy. But there's nothing in the question to indicated where the tree was, so the assumption must be that it's the vehicle owner's tree.



Or maybe the question writer is describing a tree carried 1/2 a mile by a tornado and deposited on the car in your driveway. Embarassed



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