Posted: Wed Jan 30, 2008 12:33 am Post subject: neighbor, " trampoline blew into
neighbor, " trampoline blew into our car which insurance is responsbile for damage to our car and house our are theres... there insurance is saying this is a house of god..thanks Billy Cotton
I don't know about this, I am sure that someone will come along soon and answer your question. I don't see if they are saying it is an act of god, unless they were referring to the wind that blew it.
You will need to let a lot more detail for some one to come in and help you, please explain more. thanks
Was there a high wind on that day? If your neighbor's homeowners insurance succeeded in establishing that it was the wind that has carried the trampoline to you premises then they may not cover the damages. Yeah, we really need more infos to take a better look to your matter. _________________ Register Now to have your Insurance queries solved.
Hey Billy, why don't you refer the incident to your carrier and let the insurance companies solve it out between themselves........got it! _________________ Register Now to have your Insurance queries solved.
Well the wind blew it of course, but that does not clear the homeowner from the negligent act of securing it....
Your auto policy will cover the damage under your comprehensive coverage if you don't want to wait around for your neighbors policy then your company should subrogate them...Your homeowners too should have the peril of falling object...both will be subject to your deductibles however, initially until they can get the other carrier to pay them back...
I would file a claim against the neighbors homeowners policy...His liability coverage should pay for the damage to both your vehicle and your house...
Who said this?
Quote:
there insurance is saying this is a house of god
An agent or adjuster? I'm betting no adjuster said this...even if so you would have to have a formal denial (in writing).....I've paid claims like this many many times....as I said the owner of the tramp had a duty to properly secure it yes even in high winds...
Let us know a couple of things....who said this ''act of God'' non-sense. How far did this tramp fly? Have you actually turned in the claim with their homeowners company.... _________________ **************************************
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I doubt it can be an act of god if it wasn't properly tied down. If a disaster can be prevented by something as simple as that, then it's just negligence.
Now, if it WAS tied down and the wind took the anchors with it, then that could be classed as an act of god.
You'd probably have to claim on both house and car insurance if there was damage to both of them. _________________ Register Now to have your Insurance queries solved.
Gah!! Why does it keep logging me out!? Anyway, that above post was mine by the way. _________________ I have a new personal crusade. I'm going to hunt down the people who have strong opinions on subjects they don't understand. Then I'll bop them with this cardboard tube.- Dogbert
I ain't a legal expert, take what I say with a grain of salt.
I could see it going either way. Theirs is that they took reasonable actions and they should not have foreseen that a unusual gust of wind would pick up the tramp and blow it into your property. Your way is that unless the tramp was secured to the ground (which I'm betting it was not), how could you not think a strong wind was going to pick up basically a big flat sail and blow it around.
Personally, I think you'd have a good argument. It's _reasonable_ that someone would apply simple and inexpensive anchors to something that _obviously_ _would_ blow away in a moderate wind. I'm guessing it was not a hurricane in the area? Were the winds predicted to be strong in the area? If so, just another reason they should have known this would happen.
An "act of god' is something like your roof getting blown off in a hurricaine. You can't control that. But you _can_ take reasonable actions to prevent a big "sail" from blowing in a little wind.
Quenlin re: logging you off, I had that trouble yesterday too so far today ok...I reported it yesterday morning.... _________________ **************************************
Life gaurantees a chance NOT a fair shake
**************************************
FIND a way EVERY day to lighten the load of another
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