"act of god"?

by sar3000 » Mon Apr 11, 2011 01:12 pm

While stopped waiting for a red light to change a large awning on wheels blew across 6 lanes of highway and caused almost 5,000 dollars in damage. The weather front was a forecasted event. I believe that the object should have been secured. Would this be considered an "act of god". I think that I should have a claim for diminished value on my vehicle.

Total Comments: 4

Posted: Mon Apr 11, 2011 03:07 pm Post Subject:

What are you looking for? repairs to your car? Or are you saying that because of the repairs your car's value is now diminished?

Posted: Mon Apr 11, 2011 03:14 pm Post Subject: Diminished Value

The repairs except for the deductable were covered by my insurance. I believe that the value of the car was dimished by the incident. The insurance has not yet decided to go after the owner of the awning which caused the damage.

Posted: Mon Apr 11, 2011 03:59 pm Post Subject:

What I guessed. It will certainly depend on the action your insurance company takes or "does not" take. If they do not subrogate I think your chances are very slim of collection a diminished value settlement.

Posted: Tue Apr 12, 2011 12:40 am Post Subject:

You will have to place a claim against the supposed at-fault party's insurance, and most likely have to sue for the diminished value. I doubt a lawyer will be interested due to the relatively low dollar value of the damages, but if you can get free legal advice, or if you have prepaid legal services, run the situation by a lawyer to see if you have a case.

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