Sorry to hear. Hope you get everything resolved to your satisfaction.

 

I once had a tile fly off a roof and nail my spoiler on my 89 GTA. I didn't even think of going after the owner

 

what a freak accident. Interesting on whether or not ANY insurance would cover that. Act of God comes to mind. It was the neighbor's pool , however and you might get lucky on their homeowners insurance. Your car insurance would no doubt have a deductible in place. Wind-go figure. If you were driving a full size beater Van you probably would have damaged the pool.

 

Geez, sure sorry!

 

Whats the neighbors Homeowners insurance going to do, nothing the damage occurred on somebody elses property,(pool was picked up by wind and tossed to other property), like mentioned, Comprehensive coverage will cover this type of claim, just a freak mishap.

 

 

The neighbor is liable. It's no different than if his tree fell on your house, or his dog came over to your yard and bit you. Something he owned and that was under his control caused damage. That's the very definition of what liability insurance is for.

Best of luck getting the paint fixed. That sux!

 

That's a fairly bold statement. I am unable to comment on the insurance policy without reviewing its terms, but the insurance policy is not dispositive on the issue of liability....only coverage. For example, one might argue that the neighbor negligently failed to secure the empty baby pool. Of course, you would need to convincingly argue that it was foreseeable that the wind could cause the pool to lift-off and damage other property, that the homeowner owed a duty to secure the pool and that he breached that duty, ultimately causing damage. It is possible be liable, even though that liability is not covered by an insurance policy.

Here, the issue of liability is a mixed question of fact and law. I could see it going either way, depending on facts and local caselaw.

I have seen baby pools kick up because of wind...so I might be convinced if I were a judge.

Of course, I am not suggesting that you take your neighbor to court. Sh*t happens.

 

Ugh. That would make me feel like...

 

yeap that was a bad day for sure

 

Homeowner's insurance covers hail damage. That's a weather related incident to. So.....

 

You guys don't get it. Your homeowners policy covers damage to YOUR home as well as bodily injury or property damage to OTHERS as a result of your LIABILITY. Your homeowners policy covers hail damage to YOUR home, not to the neighbor's corvette. The only way you as a homeowner can be responsible for SOMEONE ELSE's PROPERTY is if you were legally liable for causing the damage. Prosecutor makes some valid points but generally speaking, you can't be liable for the wind picking up a baby pool and hitting the neighbor's car. The same with the post about the tree. How can I be at fault for my tree falling on the neighbor's car? Whether or not I own the tree or the baby pool has nothing to do with it. It's not whether I own the tree, it's if I'm at fault for the tree tree falling down. If the tree was dead and I should have known or should have had constructive notice that the next wind storm was going to knock that tree down, then I may have some liability (Prosecutor's point). If a tornado rips through town, picks up my house and it lands on the neighbor's vette, it's not my fault. The only person you can prosecute for an act of nature was crucified nearly 2000 years ago.

I've been an insurance adjuster for 17 years. Everytime a storm rips through town, I get a call from a neighbor of one of our insured's. No one seems to understand that generally the damage was caused by an act of nature and not by my insured. Some have tried to litigate this. They all lost.

 

 

The only person you can prosecute for an act of nature was crucified nearly 2000 years ago.


Get some polishing compound and buff it out. I really doubt it's worse than the swirls the "lot jockey" put in my wife's new GTO, and I fixed that in an afternoon with a Porter-Cable and some Meguiar's #83.

 

Well at least the temporary insanity plea might work on the justifiable charge

 

That sucks!

 

man,sorry to hear that

 

I think you are too quick to dismiss liability under the negligence theory here. To say that one could never be liable under these circumstances is not sound, legally speaking. I could try this case in 50 different states and probably recover for the plaintiff in 33% of the states. Think of it in terms of negligence, but forget about liability under an insurance policy. Liability under an insurance policy only dictates who pays the bill....but liability generally is a different question.

The issue here would be did person "X" act reasonably in their efforts to secure / failure to secure a certain object which could (or could not) foreeseeably be picked up by the wind and rammed into another's property. What was the pool owner's duty with respect to securing the pool? Did they breach that duty? If so, was that breach the proximate cause of damage to another's property? Was the damage foreseeable, in the sense that it is the type that might naturally flow from the breach? These are the issues. It is unlikely that we can settle these questions here.

I guaran-f*cking-ty that there are some jurisdictions where I could win this case for the plaintiff. This is not about wind or an "act of God". This is about an ordinary person's failure to act or take certain precautions when wind or other "acts of God" are foreseeable.

 

Maybe some of it will color sand and polish out, I had a really deep scratch on my hood from a cat, I could feel it with my fingernail, looked through the clear coat. I hit it with 1500 then 2000 grit paper, polished it carefully with an electric buffer at low rpm and it came out. I posted the process on how I got it out. PM me if I can be of any assistance.



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