Blown Trampoline

[alsarabi]

What is the name of your state? TX

I live in Texas. Two weeks ago, a thunderstorm blown my neighborhood trampoline over their fence across the street and it hit my 2004 civic causing between $1,400 and $1,900 damage while I was not home. The neighbors came to me and told me that they are glad to take it up with their insurance company on which they did (I myself don’t have any coverage for the car). After the insurance company (Allstate) was notified, I spoken with the adjuster and she told me that since this is an act of nature and not by fault or negligence of my neighbors, the insurance would not be liable and she offered me $500 as a good gesture to make my neighbors happy after explaining that Allstate is not obligated to do so.

I explain to the adjuster that the trampoline should have been anchored down or removed in windy weather as I seen in couple manuals I found on the net. The adjuster replied back that no one anchors their trampoline and if I believe that their was negligence then let the jury decide (I understood that as if I don’t like it then I have to take it to court). The adjusted continued to tell me that no insurance company pays for wind blown trampoline as its agreed on that is an act of nature on which home insurance policies does not cover. At the end if the conversation the adjuster offered to look at what ever manuals I referred to but she does not think it will make her change her mind.

I need an advice on how to proceed forward with this claim. Please advice.

Thanks!

 

[seniorjudge]

Sue the goofballs.

Yeah, if a TREE had blown down in a storm on your car, maybe we could blame it on the Almighty...but a trampoline?

 

[alsarabi]

Do you think before try sueing I should send the adjuster the manuals? or would that work against me?
I'm hopfull to find the most easy way to deal with this... for example, I was trying to find similar case (without much luck so far) that went to court that I can refrence when talking to the adjuster.

Thanks!

 

[alsarabi]

Do you think before try suing I should send the adjuster the manuals? or would that work against me?
I'm hopeful to find the most easy way to deal with this... for example, I was trying to find similar case (without much luck so far) that went to court that I can reference when talking to the adjuster.

Thanks!

 

[IB4OSU]

Sorry Charlie!

Who is at fault? I have never anchored my trampoline as its by choice. I do carry car insurance as it is the law. Take the $500 and fixer up at a local shop cash in hand with no receipt gives you a better deal and be glad you were not coming home in the storm and swerve to miss the blowing trampoline and hit there car.

 

[alsarabi]

Consider this if scenario:

Consider this if scenario...
The manual did not include any anchor warning…
The thunderstorm blown trampoline hit one of the family members…
Would the trampoline maker be sued for not having such warnings?

Now consider this second if scenario:
The manual did include anchor warning…
The thunderstorm blown trampoline hit one of the family members…
Would this be negligence?

Thanks!

 

[seniorjudge]

Stop all these hypothetical exercises and sue the guy.

 

[panzertanker]

Stop all these hypothetical exercises and sue the guy.

And don't bother looking up anything OR getting the manual. It is not your place to have to do those things.
FACT:
Your property was damaged by your neighbor's property.
Your neighbor has insurance.
Your neighbor's insurance should pay.

End of story.

 

[fenceissues]

Fence Damaged by Trampoline

alsarabi, what ever happened with your case?
I am having a similar problem. The wind blew my neighbors trampoline through my fence. The initially agreed to pay for the damages but now they say that the $560.00 it costs to repair is unreasonable, and are now using the "act of God" defense.