Property Damage

[bcallaha]

What is the name of your state? Indiana

My son was driving his friend's car when he had an accident in which my son was fatally injured. He was 24 years old, and alcohol was involved. About 90 feet of split rail fencing, and two trees were destroyed on the property where the accident occured.

The homeowner is demanding that 170 feet of the fencing be replaced so that the fencing looks all the same. The fencing is old and rotten, and is broken in two places not involved in the accident.

They are demanding that the two trees be replaced at the cost of around $500, and they are demanding that they be compensated for the value of the trees. They had an arborist value the two trees at over $10,000. The trees were old and nearly gone.

As it turns out, my son's friend had no auto insurance. He had just returned from Iraq, and while he was there, he removed collision and property damage from his policy while his car sat in an impound. When he returned from Iraq, he didn't re-instate the coverages. My son didn't have any auto insurance either.

My son has no estate to speak of....maybe $3,500, and the IRS will probably get that (that's another story). If there is any left, I'm sure the insurance co will expect that money, and I don't have any problem with that. I would rather have my son back than any money.

What legal obligation is there to pay for the value of the trees? I don't mind replacing the trees and the fencing damaged in the accident. In a few years, the new trees will have more value than the old trees. I don't mind replacing the fencing that was damaged, but is there a legal obligation to pay for replacing the entire fencing just so it looks the same?

Legally, do I have any obligation for the debts of my late son? Morally, I feel bad that his friend will probably wind up being stuck with the cost of the damages, and feel that I should pay for some of the damages to help the kid out, but I think that the demands of the homowner for the value of the trees and replacing the entire fence is out of line.

Sorry this was so long and having several questions, but I wanted to give all the details.

Thanks in advance for any direction you can give.

Sincerely,
Brad

[Lynx 36]

Quote: "What legal obligation is there to pay for the value of the trees?"

None f/ you.

Quote: " I don't mind replacing the fencing that was damaged, but is there a legal obligation to pay for replacing the entire fencing just so it looks the same?"

No there is not. Only the fencing that was actually damaged in the accident is required to be replaced. If he wants the whole fence replaced tell him to go pound salt. The section that was damaged should also be depreciated if it was old or had previous wear and tear.

Quote: "Legally, do I have any obligation for the debts of my late son?"

No. Not if he is over 18.

Quote: "Morally, I feel bad that his friend will probably wind up being stuck with the cost of the damages,"

Why? His friend made the stupid decision to have his car on the rd w/o insurance. This isn't your fault.

Quote: "but I think that the demands of the homowner for the value of the trees and replacing the entire fence is out of line.

I agree. But you aren't liable f/ anything. Tell the owner of the house to turn it into his homeowners insurance. They wouldn't pay f/ his whole fence either and they would depriciate it as well.

I'm sorry f/ your loss but you aren't legally liable f/ anything here. Any money you contribute would be strictly out of the goodness of your heart.

[BelizeBreeze]

Originally Posted by bcallaha

What is the name of your state? Indiana

My son was driving his friend's car when he had an accident in which my son was fatally injured. He was 24 years old, and alcohol was involved. About 90 feet of split rail fencing, and two trees were destroyed on the property where the accident occured.

The homeowner is demanding that 170 feet of the fencing be replaced so that the fencing looks all the same. The fencing is old and rotten, and is broken in two places not involved in the accident.

They are demanding that the two trees be replaced at the cost of around $500, and they are demanding that they be compensated for the value of the trees. They had an arborist value the two trees at over $10,000. The trees were old and nearly gone.

As it turns out, my son's friend had no auto insurance. He had just returned from Iraq, and while he was there, he removed collision and property damage from his policy while his car sat in an impound. When he returned from Iraq, he didn't re-instate the coverages. My son didn't have any auto insurance either.

My son has no estate to speak of....maybe $3,500, and the IRS will probably get that (that's another story). If there is any left, I'm sure the insurance co will expect that money, and I don't have any problem with that. I would rather have my son back than any money.

What legal obligation is there to pay for the value of the trees? I don't mind replacing the trees and the fencing damaged in the accident. In a few years, the new trees will have more value than the old trees. I don't mind replacing the fencing that was damaged, but is there a legal obligation to pay for replacing the entire fencing just so it looks the same?

Legally, do I have any obligation for the debts of my late son? Morally, I feel bad that his friend will probably wind up being stuck with the cost of the damages, and feel that I should pay for some of the damages to help the kid out, but I think that the demands of the homowner for the value of the trees and replacing the entire fence is out of line.

Sorry this was so long and having several questions, but I wanted to give all the details.

Thanks in advance for any direction you can give.

Sincerely,
Brad

BOTH the operator of the vehicle AND the owner can be held liable for civil damages to the fence and trees.

In this situation, since your son was older than 18 when he died, YOU are not legally liable for the costs of these items. However, his friend is if the owner's file a civil suit for recovery.

The other matters as to replacement costs of both the fence and the trees is a matter of fact for a judge/jury to determine.