Neighbor's basketball hoop fell on my truck.

[woodman2963]

What is the name of your state? New Jersey
Strong wind knocked over neighbor's portable basketball hoop onto my truck when pulling into my driveway causing extensive damage to my truck(heavy winds blowing all day). Their homeowner insurance co stated that the neighbor was not responsible for this. I took liberty to finding instructions for this hoop set up and there are warnings and rules to follow. It states that personal and/or property damage may occur if these rules are not followed. This starts with a large !WARNING highlighted in orange before the assembly instructions. One of the rules are: Do not use system during windy and/or severe weather conditions; system may tip over. Place system in the storage position(lower the net and backboard) and/or in an area protected from the wind and free from personal property and/or overhead wires. They neglected to follow these rules and I feel they are responsible for their property. How can I get compensated for their negligence?

 

[Zigner]

Sue the bad guy in small claims court for your actual damages.

 

[woodman2963]

Make the best of a bad situation

Thank you for the info. I was hoping on getting the insurance to pay for it. I will get my auto insurance to take care of the damages and ask the neighbor for half the cost of the deductable. Unfortunate situations happen beyond our control and we must make the best of it. I'm just glad nobody got hurt. Things can be replaced. Family and friendship cannot.

 

[msiron]

Thank you for the info. I was hoping on getting the insurance to pay for it. I will get my auto insurance to take care of the damages and ask the neighbor for half the cost of the deductible. Unfortunate situations happen beyond our control and we must make the best of it. I'm just glad nobody got hurt. Things can be replaced. Family and friendship cannot.

So because your neighbor is irresponsible, and has NOT offered to pay you damages your worried about friendship and you have to ask (tippy toes) for half your deductible? phew, you are a far better person than me.

 

[Zigner]

Thank you for the info. I was hoping on getting the insurance to pay for it. I will get my auto insurance to take care of the damages and ask the neighbor for half the cost of the deductable. Unfortunate situations happen beyond our control and we must make the best of it. I'm just glad nobody got hurt. Things can be replaced. Family and friendship cannot.

Your auto insurance will pursue the neighbor for the payment of whatever they pay out.

 

[moburkes]

I agree with the HO insurance company. While they didn't put the unit in the "storage" position, the reality is that most people don't. I don't think I've ever seen one in the storage position. His home insurance won't cover it because he's not liable for the damage. Your comprehensive coverage (minus your deductible) will pay for the repair. You can sue, but I don't see you winning.

 

[VeronicaLodge]

if you sue them, they will have to turn it over to their homeowners insurance who will have a duty to defend them and negotiate and eventually pay if it is determined to be their fault. explain to your neighbor before you sue that since his insurance company isnt stepping up to the plate that you are forced to do this but do mean to do so in a vengeful spirit.

 

[moburkes]

if you sue them, they will have to turn it over to their homeowners insurance who will have a duty to defend them and negotiate and eventually pay if it is determined to be their fault. explain to your neighbor before you sue that since his insurance company isnt stepping up to the plate that you are forced to do this but do mean to do so in a vengeful spirit.

No, they don't have to.

 

[SnowCajun]

I will get my auto insurance to take care of the damages and ask the neighbor for half the cost of the deductable. Unfortunate situations happen beyond our control and we must make the best of it. I'm just glad nobody got hurt. Things can be replaced. Family and friendship cannot.

It's your world to do what you feel, but since you asked here I have to wonder, why make a charge on your auto insurance and risk your rates going up for this neighbor not following proper warnings in using his basketball thing? And why ask for only half, I mean it's totally his fault for not following the directions and endangering your property, it could have been one of your kids riding their bike in your driveway that got hit instead of just your car. His negligence caused this damage, why should you be out half of anything? And why use your insurance for his stupidity? Sorry but that doesn't make sense!

SnowCajun

 

[moburkes]

It's your world to do what you feel, but since you asked here I have to wonder, why make a charge on your auto insurance and risk your rates going up for this neighbor not following proper warnings in using his basketball thing? And why ask for only half, I mean it's totally his fault for not following the directions and endangering your property, it could have been one of your kids riding their bike in your driveway that got hit instead of just your car. His negligence caused this damage, why should you be out half of anything? And why use your insurance for his stupidity? Sorry but that doesn't make sense!

SnowCajun

This is a comp claim. Since when does a single comp claim increase your rates?

 

[SnowCajun]

This is a comp claim. Since when does a single comp claim increase your rates?

I never pretended to know it all moburkes, I was just responding wondering why he felt he should pay half of anything, it wasn't in anyway his fault, and his reckless neighbor is more than lucky that thing didn't fall over on some innocent child riding by on their bicycle.

Obviously woodman2963 is a nice guy, there's not many like him who would be so willing to pay half of a deductible for something that was in no way his fault, especially when it was so blatantly his neighbors negligence for not following the instructions of proper use of his portable basketball hoop. His neighbor purposely chose to ignore the safety rules concerning his product and his negligence caused someone damage, so I can't figure why anyone would not think it to be totally his fault. Like I said, woodman2963 is a nice guy offering to pay half his deductible like that, especially when he surely isn't responsible for any of it.

Sorry if I was wrong on the "comp claim", I don't pretend to be a know it all attorney, but I've lived on this earth long enough to have gained enough common sense to see when it's obvious someone is at fault or not. I applaud woodman2963 for being such a nice guy, that's pretty much an unexpected character trait in our world anymore.

SnowCajun

 

[BuffettFan]

Would there be some act of God type consideration as well? How was the neighbor to know that the weather would cause such damage for one and if the neighbor had reasonable expectation that this might occur could the same be said for the OP? Was the original poster neglilent for parking his vehicle in such a manner that there was reasonable expectation that a strong wind might cause the basketball goal to tip?

No ofference to the OP, just thinking aloud.

 

[caslerst]

How was the neighbor to know that the weather would cause such damage...

The instructions said it could happen.

Was the original poster neglilent for parking his vehicle in such a manner that there was reasonable expectation that a strong wind might cause the basketball goal to tip?

If the OP should be able to forsee it shouldn't the owner also be able to forsee it and take it down so that it doesn't damage personal property?

 

[BuffettFan]

The instructions said it could happen.



If the OP should be able to forsee it shouldn't the owner also be able to forsee it and take it down so that it doesn't damage personal property?

Both good points.