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Tornado damage to vehicle

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J

job40dinos

Guest
What is the name of your state? Arkansas -

Two weeks ago an F1 class tornado damaged our vehicle. The vehicle was uninsured at the time. The damage to the vehicle was caused by our neighbor's portable carport which was not attached to their home, nor secured to the ground. The carport flew through the air and slammed into our van, breaking a window and making some major dents in the side and front. We do not believe that any engine damage was done, although we have not had it checked out yet, nor used the van since the tornado.

The neighbor's homeowner insurance refuses to pay for the damage. First the insurance company claimed that the carport was secured to the home, but when we produced evidence that it was not secured, they claimed that we would have to prove that our neighbor was negligent for not securing the portable carport.

Our homeowner's insurance agent said that the other company was bluffing and we should challenge this company.

We do not have a clue about our rights here. Any suggestions? What should we do?

Thanks for the help!
 


tammy8

Senior Member
UNINSURED????? Uncollectible. You should have had comp coverage to handle the damages due to wind.
 
J

job40dinos

Guest
Before someone jumps all over me about driving an uninsured vehicle, allow me to add that the vehicle was NOT being driven. It was a vehicle that we decided to park until our son was old enough to drive in about a year. Therefore, we dropped the insurance until that time.

So it is okay to leave portable carports unanchored?
 
S

sickofmold

Guest
I'm not a lawyer, but an insurance agent...

There are risks to having an uninsured vehicle beyond actual damage to the vehicle. If someone is hurt on the vehicle (kid rides bike into it, kids playing on it etc..) and you have no insurance, guess who they're going to sue?? Liability is too cheap to not have on the vehicle. And it's illegal not to have liability on it.

I'm also interested, what proof do you have that the carport was not secured? If it was not secured then you should keep pursuing their homeowners. But if you'd had comprehensive coverage on the vehicle, then your auto company could pay for the damages, less the deductible, then subrogate against the neighbors homeowners (if they found it probable that he WAS negligent). And when they subrogate, they will also subrogate for your deductible and give it back to you if they are successful.

Good luck.
 
J

job40dinos

Guest
Thanks for the help.

About the auto insurance, since the vehicle was parked in a somewhat protected area of my property that no one should be on, other than my own family, the thought of insuring it, even just for libility, never even occurred to me. Thanks for the heads-ups.

As far as the unsecured carport. My neighbor freely admits to both me and her insurance company that the carport was not secured to the house nor the ground. Her son built the carport himself out of heavy metal poles so I know that it was not installed by a professional. When the carport blew away her car took heavy damage as well. Fortunately, she had comprehensive coverage on it.

I am not interested in making a buck off my neighbor, so I have no intention of sueing her. BUT, on the other hand, if her insurance company is just trying to pull the wool over my eyes, I don't want to just give up without even asking questions.

Thanks again for the opinions.
 
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