Unruly neighbor...would I be wasting my time & money? Please help!

[DazedandConfusd]

Please help...anybody! In a thunderstorm about 2 months ago, my neighbor's trampoline was airlifted by the wind and thrown onto my house. During this, my home was damaged to the amount of $500 to the exterior structure. When it first happened, I took pictures and thought that my neighbors would come to me. Big mistake. They took there trampoline and no a word to me. I contacted my insurance in the mean time to see if they would cover damages, in which they informed me that they don't insure "acts of God" and no other home insurance, including my neighbor, would either. During all of this I am refinancing my house. I finally go speak to the neighbors and give them the estimate to repair and ask them to take care of it, as they say they'll check with their insurance and get back to me. Three weeks go by and nothing! By the 3rd week and I had to fix the damages myself to close on my refinance. I sent the neighbors a certified letter informing them to contact me to determine a solution by December 1st or I would be forced to take them to small claims court where they would have the original cost plus court cost. The husband then emailed me informing me that he wasn't paying me anything because he was not liable and he was going to sue me for harrassment! What do I do? I think I have a justifiable case here, but am I just spinning my wheels. Will I get stuck with court costs too? Any help at this point is extremely appreciated.

 

[Ozark_Sophist]

It would be an act of God if the trampoline was properly installed (i.e. staked to the ground per instructions). If your neighbor did not have the trampoline properly installed, your neighbor's negligence caused the damage to your house. So, if your neighbor did not have the trampoline secured, your small claims action should be successful.