Trash cans hit neighbors car

[cdfstl]

What is the name of your state? CA

We have those trash cans on wheels that are picked up by the trash trucks robot arm.

We had mild winds the other night when I put the cans on the street by the curb, where we always put them. One rogue wind gust caused one of the cans to roll and or slide down the street, where it struck a neighbors car which was parked on the street as usual.

It put a large dent in the door of their not too good looking 1990 Toyota truck. It also damaged a front headlight and the fender on the same side as the door.

The neighbor has no comprehensive coverage on the truck. We are calling our homeowners insurance tomorrow. I've heard about 5 different versions about what we can expect -- ranging from it being 100% our responsibility to 0% responsibility.

Anyone know with any degree of certainty? Would like to know before I call our homeowners.
What is the name of your state? CA

 

[rrg956]

No clear cut answer, just some clarification...

As a matter of fact, the trash cans are not your property. They belong to the city or county and it usually says so right on them. This means if they roll down the street and do damage, the city or county would be liable, not you. However we know the city or county will refuse to pay. You might get your HO insurance to pay but only after you pay the dedeuctible. Fair warning, your HO insurance company will be well within thier rights to refuse to pay because the trash cans are not your property and they would likely state that the owner of the truck contact his insurance company. The result is that unless you feel charitable and want to pay for the damage out of your pocket, the truck owner is SOL. The only wild card is that the truck owner might take you to Small Claims court and you could get an idiot for a Judge who's ignorant of the law and he could award the truck owner some money. No one says the law is fair..sorry!

 

[ecmst12]

When I lived in a house, I bought my trash cans from Home Depot. Only the recycling bins were from the county and I suspect that once they were delivered to my house, they were mine.

What I don't know whether you have demonstrated is negligence. That is what will tell you whether you are responsible for the damages or not.

 

[moburkes]

My take: 0% liability. The trash can hit the vehicle because of the winds, which is not your problem. Unfortunately, you've likely already filed the claim. For future, don't file the claim until you KNOW they will pay. It is now a "hit" and you may have a hard time switching carriers in the future. Also, many (not all) insurance companies will surcharge you for this claim. It varies by carrier and by state.