Car hit cedar fence, ins. won't pay

[markus627]

To clarify the other responses:

If a section of the fence was damaged (8' for example), it's a repair, and you are entitled to the cost of repair.

If enough of the fence was damaged to require replacement of the entire length of fence then you are entitled to the replacement cost LESS depreciation.

I do agree that, in court, you are likely to be awarded more than 50% on a 6 year old fence. Cedar has a very long useful life.

But if you don't want to hassle with the driver's insurance company and/or court, make the claim on your homeowners policy, then let your insurance company deal with the other insurance company. You'll have a deductible but your insurance company will refund it to you when it collects.

The driver hit my fence and snapped off 2 posts which cost $430.00 to replace. The Ins. Co. only wanted to give me $215.00. It would cost me about $260.00 to file a small claim and serve the summons with the police dept. If I do not win, I will be out more than the amount the Ins. Co. was not going to give me. You believe I can win this in court?

 

[Zigner]

The driver hit my fence and snapped off 2 posts which cost $430.00 to replace. The Ins. Co. only wanted to give me $215.00. It would cost me about $260.00 to file a small claim and serve the summons with the police dept. If I do not win, I will be out more than the amount the Ins. Co. was not going to give me. You believe I can win this in court?

This is really more of a business decision, isn't it? Is it worth $215 to you to deal with all that hassle?

 

[markus627]

This is really more of a business decision, isn't it? Is it worth $215 to you to deal with all that hassle?

I just find it unbelievable that I should have to pay any amount for the stupidity of someone else. If I win in court, will I recoup my court costs?

 

[Zigner]

I just find it unbelievable that I should have to pay any amount for the stupidity of someone else. If I win in court, will I recoup my court costs?

They will be included as part of the judgment (on top of the actual damages).