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Auto hit Mailbox - Mailbox not Securely Anchored

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stout71

Junior Member
What is the name of your state (only U.S. law)? GA.

Last month I was involved in a near-miss accident, where the other car caused me to veer over into the extreme right side of my lane (the far right lane) to avoid hitting it. There were no witnesses, and the police determined that no one was at fault as there was no auto-to-auto damage. However, because I veered over so far, I struck a business's mailbox and damaged my passenger-side mirror. The mailbox was leaning way out into the street at an angle (maybe 60 degrees) and I took pictures. There was some type of weight on the bottom of the mailbox to apparently keep it from leaning further into traffic. I did not go up onto the curb.

I presented their insurance company a demand for payment (only $185) and they refused to pay. Do you think I have a small claims case that would be judged in my favor? Would there be an automatic judgment in my favor if they failed to show up? The insurance company is in Kansas. They represent the business that owns the mailbox.What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA.

Last month I was involved in a near-miss accident, where the other car caused me to veer over into the extreme right side of my lane (the far right lane) to avoid hitting it. There were no witnesses, and the police determined that no one was at fault as there was no auto-to-auto damage. However, because I veered over so far, I struck a business's mailbox and damaged my passenger-side mirror. The mailbox was leaning way out into the street at an angle (maybe 60 degrees) and I took pictures. There was some type of weight on the bottom of the mailbox to apparently keep it from leaning further into traffic. I did not go up onto the curb.

I presented their insurance company a demand for payment (only $185) and they refused to pay. Do you think I have a small claims case that would be judged in my favor? Would there be an automatic judgment in my favor if they failed to show up? The insurance company is in Kansas. They represent the business that owns the mailbox.What is the name of your state (only U.S. law)?
Why do you think they are liable? According to your post, YOU were at fault. The business should sue you for the damage to their mailbox...
 

stout71

Junior Member
As I mentioned, I only hit their mailbox because it was not properly installed/anchored, etc. It was leaning way out over the curb. I would say yeah--it's my fault if I ran up onto the curb and struck it, but I did not.

As for "near-miss", seniorjudge, thanks for pointing out that I used an incorrect description of the accident. I think most intelligent folk could easily interpret my meaning.
 

ecmst12

Senior Member
You are always at fault when you hit something which was NOT moving, with your car that WAS moving.

Now, you can try claiming with the other car's insurance if that person stopped and was identified. If he admits causing you to swerve, they should cover your damage.
 

Zigner

Senior Member, Non-Attorney
As I mentioned, I only hit their mailbox because it was not properly installed/anchored, etc. It was leaning way out over the curb. I would say yeah--it's my fault if I ran up onto the curb and struck it, but I did not.
Ahhh, so in your world, it's OK to run in to a stationary object?
What if it had been a Motorcycle parked there...would it have been the motorcyclists fault? What if a child had been standing next to the curb...it's their fault?



The person who is at fault would be the driver of the (phantom) other car...IF you could PROVE that you had no other option but to swerve as you did. But you don't even have proof of that.
 

stout71

Junior Member
So you're saying that even though my car was legally driving in traffic, in the right-side lane, that it's my fault. If the mailbox was installed correctly, i.e. vertical, this would not have happened.

I think the other driver caused this mess too, but since there were no witnesses, the police could only hear my story and the other driver's story, which conflicted. Therefore - no driver was pronounced to be at fault.
 

cyjeff

Senior Member
So you're saying that even though my car was legally driving in traffic, in the right-side lane, that it's my fault. If the mailbox was installed correctly, i.e. vertical, this would not have happened.

I think the other driver caused this mess too, but since there were no witnesses, the police could only hear my story and the other driver's story, which conflicted. Therefore - no driver was pronounced to be at fault.
Yup. That is what we are saying.

If there was an unmoving object IN the road, it would have been your fault if you hit it.
 

stout71

Junior Member
Ok, thanks for the advice. I now know what I did not before, that I should keep my eyes on all non-moving objects in the road while driving. Wouldn't want a dead squirrel to sue me....:)

Next question: If I were to file a small claims suit (for a measly $185) for damages against the insurance company in Kansas, what would happen if they didn't show up to court? My guess is that they won't incur the travel expense for this small amount.
 

stout71

Junior Member
I may try that as well, but I'm still interested in knowing what would happen if the insurance co.'s representative didn't show.
 

ecmst12

Senior Member
File against the insurance company, and the suit will be dismissed for improper filing. In no case is the INSURANCE COMPANY liable for anything. If you want to sue, you have to sue the owner of the mailbox.
 

ttldr

Junior Member
Chances are the insurance company will send a representative. Thier main office may be in Kansas but they will have claim centers in all states that they are licensed to do business in so there wouldn't be any travel expenses. If you push it to dragging them into court they may very well file a counter-suit for the damage to thier insureds mailbox and then you will not only be out the $185 damage to your vehicle and the filing costs but also the $$ to repair thier mailbox.
 

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