Wind blew patio chair onto neighbor's car.

[Stuckey]

What is the name of your state (only U.S. law)? Alabama

I was at work during a storm the other day. When I got home I found that a metal chair had blown onto his driver's side door.

The chair was ours. The wind blew it out through our open gate and against his car (We have parallel driveways).

I wrote a note, then we talked about it later. He's gotten a quote, $480 or so. His auto deductible is $250. Our homeowners' is $1000.

What should we do? They are fine neighbors. But we can't afford $480.
What if we offered $250 in cash? What if they refused?

Thanks for your help.

 

[justalayman]

You can try to argue no liability and try to blame it on an act of God but I think you will probably lose that argument.

If you are liable, you are liable for the $480. They do not have to involve their insurance and even if they do, their insurance can come after you for whatever they paid on behalf of their customer. That doesn't mean they will, but they can.

 

[Free_Advice]

I would take the $250 (or nothing) and be done with it if I was your neighbor.

But the neighbor could demand the full $480 bucks if they wanted.

Offer the $250 and see what happens .. the worst he can say is no.

 

[Zigner]

I would take the $250 (or nothing) and be done with it if I was your neighbor.

But the neighbor could demand the full $480 bucks if they wanted.

Offer the $250 and see what happens .. the worst he can say is no.

Terrible answer.
The insurance company is going to seek the full amount from the OP if a claim is filed. Either way, it's gonna be $480.

 

[LdiJ]

Terrible answer.
The insurance company is going to seek the full amount from the OP if a claim is filed. Either way, it's gonna be $480.

I still wonder though about the "act of god" bit...

I mean, if there is a tornado and everything gets thrown around then its all treated as a no fault situation. Its not as though any negligence on the part of the OP caused the damage.

 

[justalayman]

an act of God (capital G please if you are referring to it in the intent of it being what it is purported to be) generally does not include normal weather. Tornadoes, hurricanes, floods, and unusually strong storms where the actions cannot be reasonably protected against and are not normal or typical occurances are where the act of God comes into play. A person is expected to control their property so a storm of typical strength does not blow their items around.

 

[ecmst12]

Your HO deductible does NOT apply to liability claims. Nothing comes out of your pocket for those.

 

[TheGeekess]

an act of God (capital G please if you are referring to it in the intent of it being what it is purported to be) generally does not include normal weather. Tornadoes, hurricanes, floods, and unusually strong storms where the actions cannot be reasonably protected against and are not normal or typical occurances are where the act of God comes into play. A person is expected to control their property so a storm of typical strength does not blow their items around.

But in Bama the last couple of months (for the most part) all of the storms have been extraordinarily strong and certainly not normal for this state.

 

[justalayman]

But in Bama the last couple of months (for the most part) all of the storms have been extraordinarily strong and certainly not normal for this state.

and that's what insurance and courts are for