Property Damage

[clingons30]

What is the name of your state? California

Hi,
A drunk driver with no insurance hit a parked truck. The truck (owner has full coverage) then hit our house causing damage. The insurance company for the truck said as the owner was not in the car at time, they are not liable. Is this true?

Thanks

 

[racer72]

Yes. File a claim with your home owners insurance and they will go after the drunk driver for reimbursement.

 

[spawn_x]

Racer is correct.

Also, even if the driver was inside the truck he would NOT be held liable since it was the drunk driver who caused the series of events.

Is there a police report?

 

[clingons30]

Yes. Police report said drunk guy was celebrating his birthday, that insurance expired one month previous for non-payment, that he fell asleep at the wheel, and then declared he was not driving. Oh, and was on probation for previous DUI, so is now in jail. Was hoping not to go through our home insurance because if you ask them a question they put your bill up. Will probably pay for the damage out of pocket, could do it for less then $1000 plus a lot of free time.

Thank you all for your advise.

 

[JETX]

Yep, anytime that your property (house, tree, fence, etc.) is damaged by someone elses driving, the best advice is to chainlock the property!!! There was a story about a truck entering someones property and damaging a tree (in Dallas, if I remember). The owner then chained the truck to the tree and refused its removal until the owners insurance promised to pay for damages!!

 

[drago]

JETX

Quote.
The owner then chained the truck to the tree and refused its removal until the owners insurance promised to pay for damages!!
End quote.

With all due respect JETX that sounds effective but is it legal?

Not trying to be a smart ass, just would regard your opinion
as fact on this point.

 

[JETX]

A legal argument could certainly be made, but the real purpose of doing this is to prevent the vehicle from being removed until assurance if compensation.

 

[hexeliebe]

I'll call you and raise you this one.

Yesterday on Judge Joe Brown a woman sued the drunk driver of a car that smashed into her bedroom wall causing $4,900 in damage.

Imagine what happened when the drunk driver sued the owner of the house for damaging her car.

"Well Judge, her house shouldn't have been there!"

And people wonder if the world is going to hell in a handbag.

 

[drago]

JETX

I agree and probably would try it myself.

Thanks for answering.

 

[spawn_x]

Shoot him with a shotgun then take him to court for the cost of the bullet on basis that he was in the way of a snake you were trying to shoot.