rock from lawn mower hit car?

[wendy07]

What is the name of your state? Georgia

HI! I am wanting advice for my Father. He was riding his lawn mower and this lady pulled into the yard and said he had hit her car with a rock. There was a huge dent on the side of the car. My dad says he was not even going the way that debris would be flying out from under lawn mower. And upon a closer look at the car myself I do not belief a rock could have caused the damage. It is a huge dent the size of two basketballs. There is no paint chips. How often had the hood of your car been hit by a rock and the paint chipped? We could not find a rock anywhere the size that would cause a dent like that. My dad is really depressed. He just retired and is on a fixed income. They are barely getting by and the lady is saying she will sue. I really think she drove by and decided this was a way to get her car fixed. The police were called and a report filed. Can someone give me some advice on what we should do? She came out of the car saying she was going to sue. So I have no doubt in my mind she will proceded with some crazy action. I hope someone can help me. Thanks!

[cmorris]

What does the police report say?

If she sues, I doubt she will win. She has no evidence, unless the police report sides with her. If she does sue, hope she does it in small claims, b/c your father won't need an attorney.

[wendy07]

Unfortunately the police report will not be ready until 3-5 days from now. I guess we can keep our fingers crossed. The officer was really nice. And never said it was anyones fault so who knows. It was really strange, my dad had to give her all his information phone# address blah blah blah... But she refused to let the officer give him hers. So i'm unsure what to think will happen. I just know when she peeled out of my parents drive way she screamed "you'll be hearing from my lawyer. " My dad is so worried. I know he is worried that they will never be able to pay for some expensive judgement or a lawyer for that matter. Im just trying to figure out where to go from here.

[cmorris]

As soon as you can, get a copy of the police report and let us know what it says. That way, I or a more experienced expert can help you better.

Tell him not to worry. I wouldn't, personally. He may be able to qualify for Legal Aid, should he get sued and need an attorney. And if it is proven that she filed a malicious lawsuit with no basis, she may be sued. If I am wrong, I hope an expert will correct me...

[kat1963]

Does he have homeowners (or even renters) insurance?
KAT

[wendy07]

HI! Thanks for the help and I will post the info as soon as I read the report. Unfortunately they do not have renters insurance. They canceled it about six months ago. My mom has cancer and my dad was forced into early retirement. Due to the lack of income they were unable to keep it going. I just want to thank every one who has helped answer my questions. I hope it will ease his mind some. But i'm not sure he has been worrying alot lately and this just added to it. Thanks to every one that has helped me and my family.

[rmet4nzkx]

If this just happened your father may want to have the blade examined for signs of damage from a rock, also inspect the deck, bag and where the grass comes out also good to get pictures of it in operation after to see where debries go, it may be impossible for it to have been form the mover and more likely as you say, from somehting else. Check with homeowners insurance they may cover it. Also go to the court house or on line and look for other cases by same person.

[tammy8]

FIRST OFF NOT SAYING THIS IS THE SAME

One of my clients had something similar happen to them except it was a windshield.

Claim was denied because no one could prove FOR SURE that a rock hit the car.

Good luck to your parents!

[stephenk]

who cares what the police report says. the report is not evidence. it will not come in at any trial.