Who is liable for damages?

[justbecuz]

What is the name of your state (only U.S. law)? Georgia My neighbor's basketball hoop, located on their lawn at the property line ,fell over due to wind and landed on my car. My car was parked on the street in front of both our houses. Who is responsible for paying for the damage to the car? The damage has been appraised at about $500. Would this be covered under their Homeowner's Insurance? Thanks.

 

[JustAPal00]

Yes, their homeowners insurance should cover it. send them a bill for the damage and let them turn it in. If they don't, you will have to take them to court.

 

[ecmst12]

I don't see how the homeowner would be liable unless the hoop was improperly secured. Failing that, they did nothing negligent and this was an act of god making the wind blow too hard.

 

[tammy8]

File under your comp insurance on your auto policy. Then it is up to the auto carrier whether to go after the neighbor's HO insurance.

 

[moburkes]

I agree that this is an auto comp claim. The problem for OP, though, could be that his deductible is the same as the amount of the damage.

 

[JustAPal00]

I don't see how the homeowner would be liable unless the hoop was improperly secured. Failing that, they did nothing negligent and this was an act of god making the wind blow too hard.

The homeowner was negligent for not securing the hoop that was placed next to the roadway. Why should the OP suffer a loss due to the negligence of the homeowner. I would feel differently if it had been a piece of patio furniture from the back yard that had blown away and had done the damage. But in this case I think placing an object like that next to a road and not securing it is negligent. I would submit the bill to the homeowner and if they refuse to pay, take them to small claims court. Turning it over to the OP's Auto insurance company would be a waste of time because there is not enough damage for them to fight it.

 

[JustAPal00]

OK, we never did establish the type of hoop. If it was a permanent one cemented into the ground and the wind was strong enough to knock it over, then it's an act of god. If it was one of those moveable ones (which is what I was figuring), then by choosing to leave it out next to the road and not securing it, rather than putting it away they were negligent.

 

[moburkes]

OK, we never did establish the type of hoop. If it was a permanent one cemented into the ground and the wind was strong enough to knock it over, then it's an act of god. If it was one of those moveable ones (which is what I was figuring), then by choosing to leave it out next to the road and not securing it, rather than putting it away they were negligent.

I still disagree. Although I understand the point you're trying to make about the type of hoop, those moveable ones are made to work (and stay in place) without any additional stuff to tie them down with. Now, you're supposed to fill the base with water or sand which is supposed to keep it in place. If the homeowner has done that, then I don't see a difference between it and the patio furniture example you used. It is meant to stay in place, but the high storms caused it not to. That's not the fault of the homeowner.

 

[JustAPal00]

I still disagree. Although I understand the point you're trying to make about the type of hoop, those moveable ones are made to work (and stay in place) without any additional stuff to tie them down with. Now, you're supposed to fill the base with water or sand which is supposed to keep it in place. If the homeowner has done that, then I don't see a difference between it and the patio furniture example you used. It is meant to stay in place, but the high storms caused it not to. That's not the fault of the homeowner.

You may be right, but if I were the OP I would still submit a bill to the homeowner, and if they refuse I'd take them to court and let a judge decide.