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IA: Riding lawnmower ejects rock and damages car while driving by on a road

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big_c

Junior Member
Hi all, this is my first post. Looking to decide if I stand a chance going to small claims court or if it will be a waste of $85.

My wife was driving on a residential road. She heard a loud impact hit her car. Pulled over and noticed several small dents and rock chips. She had just passed by a guy riding a lawnmore with the discharge pointed towards the street.

I show up and call the police. They arrive on the scene and interview the guy, he is 18 and was mowing the neighbors yard because their grass was getting really long. The house is bank owned and vacant. The police tells me there isnt much he can do because it is a civil matter, and recommended I try to work it out with the guy or file a small claims suit.

I call the bank that owns it, they tell me its on the guy because nobody directed him to mow it.

I call the guy, he said it was his son mowing and he was unaware. He said his son is 18 and does not have a job, made it sound like he was unwilling to take responsibility for the damage. (estimate of $1k.) He gives me his home insurance agent number.

I call the Farm bureau agent and he is a total d-bag. He said that they wont be covering it because they dont believe it is the insureds liability, he basically said if you go to small claims you will lose and as a result they arent covering it.

I call the homeowner back and he basically said there is nothing he is going to do.

I am now left with the option to file a small claims suit or chalk it up to bad luck and deal with my damaged vehicle.

Due to the negligence of mowing an unkempt rock filled yard at his own discretion, combined with having the discharge pointing right at a busy street, I feel I am entitled to have my vehicle repaired by the lawn mower rider.

Opinions? Worth a shot to file?
 


OHRoadwarrior

Senior Member
What do you expect to collect from an unemployed 18 yr old? If the judgment is symbolic, go for it. You could turn it over to your car insurance if you have full coverage.
 

sandyclaus

Senior Member
Hi all, this is my first post. Looking to decide if I stand a chance going to small claims court or if it will be a waste of $85.

My wife was driving on a residential road. She heard a loud impact hit her car. Pulled over and noticed several small dents and rock chips. She had just passed by a guy riding a lawnmore with the discharge pointed towards the street.

I show up and call the police. They arrive on the scene and interview the guy, he is 18 and was mowing the neighbors yard because their grass was getting really long. The house is bank owned and vacant. The police tells me there isnt much he can do because it is a civil matter, and recommended I try to work it out with the guy or file a small claims suit.

I call the bank that owns it, they tell me its on the guy because nobody directed him to mow it.

I call the guy, he said it was his son mowing and he was unaware. He said his son is 18 and does not have a job, made it sound like he was unwilling to take responsibility for the damage. (estimate of $1k.) He gives me his home insurance agent number.

I call the Farm bureau agent and he is a total d-bag. He said that they wont be covering it because they dont believe it is the insureds liability, he basically said if you go to small claims you will lose and as a result they arent covering it.

I call the homeowner back and he basically said there is nothing he is going to do.

I am now left with the option to file a small claims suit or chalk it up to bad luck and deal with my damaged vehicle.

Due to the negligence of mowing an unkempt rock filled yard at his own discretion, combined with having the discharge pointing right at a busy street, I feel I am entitled to have my vehicle repaired by the lawn mower rider.

Opinions? Worth a shot to file?
Personally, I'd think it was a waste of time.

Lawnmowers throw rocks all the time. I don't think that the kid did this on purpose, or that he was even negligent, which I believe you'd have to prove in order to obtain a judgment against them.

While I think you're scrambling to find someone else to pay for this rather than have to pay yourself, I'm fairly confident that you'd end up having to eat the cost anyway in the long run. Just file a claim with your auto insurance, and move on.
 

big_c

Junior Member
Personally, I'd think it was a waste of time.

Lawnmowers throw rocks all the time. I don't think that the kid did this on purpose, or that he was even negligent, which I believe you'd have to prove in order to obtain a judgment against them.

While I think you're scrambling to find someone else to pay for this rather than have to pay yourself, I'm fairly confident that you'd end up having to eat the cost anyway in the long run. Just file a claim with your auto insurance, and move on.
Does the fact that the mower discharge was pointing towards the street combined with he was mowing a lawn that he was not asked to consitute as negligent?

I am not "scrambling" to find someone else to pay. My car was in perfect condition two minutes prior to driving in front of the road he was mowing. Now it has damages in excess of $1k dollars that are clearly no fault of my own.

Why I am responsible for the deductible and increased insurance premiums that go along with my insurance claim?
 

OHRoadwarrior

Senior Member
Was the lawnmower properly equipped with the discharge shield it was manufactured with? If it was, the burden might be very difficult. I sympathize. Many of the cars passing by my home are $30 - $100k. I always try to be careful whenever I cut grass.
 

big_c

Junior Member
Was the lawnmower properly equipped with the discharge shield it was manufactured with? If it was, the burden might be very difficult. I sympathize. Many of the cars passing by my home are $30 - $100k. I always try to be careful whenever I cut grass.
No, the mower had no discharge shield and was a rusty POS that appeared to be 40 years old at least
 

TheGeekess

Keeper of the Kraken
Does the fact that the mower discharge was pointing towards the street combined with he was mowing a lawn that he was not asked to consitute as negligent?

I am not "scrambling" to find someone else to pay. My car was in perfect condition two minutes prior to driving in front of the road he was mowing. Now it has damages in excess of $1k dollars that are clearly no fault of my own.

Why I am responsible for the deductible and increased insurance premiums that go along with my insurance claim?
Why do you have insurance in the first place? :cool:
 

Zigner

Senior Member, Non-Attorney
To protect me when I am at fault or make a mistake.
MY insurance protects me when I make a mistake, when the other guy makes a mistake and when "stuff" happens that is nobody's mistake.

I would suggest that you reevaluate your insurance coverages.
 

csi7

Senior Member
Depending on what you want to accomplish with the small claims suit, you can possibly get the reimbursement for the damage done to your vehicle. Make sure you have proof of everything said, done, names, telephone contacts, reports, and pictures.

Keep to the facts, statements, and manage your case through evidence.

That will help you in the small claims hearing.
 

big_c

Junior Member
Depending on what you want to accomplish with the small claims suit, you can possibly get the reimbursement for the damage done to your vehicle. Make sure you have proof of everything said, done, names, telephone contacts, reports, and pictures.

Keep to the facts, statements, and manage your case through evidence.

That will help you in the small claims hearing.
Thanks to everyone for the responses so far.

My goal with the suit is to seek money that will restore my car to the condition it was in before the damage.

It looks like the responses are kinda mixed so far, with half of the people saying it might be worth pursuing. What happens if they say it was negligence and make him pay? Will I be getting checks for $1.50 every month in the future for the next 40 years?
 

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