 Liability (by Locus [CT]) Jan 21, 2011 5:34 PM
 Liability (by Irish [MD]) Jan 21, 2011 5:40 PM
Liability (by ken [CA]) Jan 21, 2011 5:43 PM
Liability (by Larry [MI]) Jan 21, 2011 7:28 PM
Liability (by Mike45 [NV]) Jan 21, 2011 7:32 PM
Liability (by RR78 [VA]) Jan 21, 2011 8:53 PM
Liability (by George [NJ]) Jan 22, 2011 7:30 AM
Liability (by Mark [AL]) Jan 22, 2011 8:04 AM
Liability (by phil [NY]) Jan 22, 2011 8:14 AM
Liability (by Virden [OH]) Jan 23, 2011 4:38 PM
Liability (by Locus [CT]) Posted on: Jan 21, 2011 5:34 PM
Message:
State Specific Question About: CONNECTICUT (CT)
While on vacation in Orlando, a nor'easter with 60mph winds blew through the state and took down 3 sections of my wood stockade fence. One of the sections ended up on a car next door and cracked the windshield and scratched the hood. My insurance agent says it was an act of god and the vehicle owner's comprehensive policy should cover the damage. However, the owner believes I should be responsible for $1,500 worth of damage (according to their estimate) to a 1997 Acura integra Kelly Blue Book value estimated at $2,000 fair condition. Who is liabe for the damage? --24.218.xxx.xx |
Liability (by Irish [MD]) Posted on: Jan 21, 2011 5:40 PM
Message:
I'd tell him to have his insurance agent contact mine, and let the insurance co's fight it out. --96.239.xxx.xxx |
Liability (by ken [CA]) Posted on: Jan 21, 2011 5:43 PM
Message:
What IRISH said... --98.108.xxx.xx |
Liability (by Larry [MI]) Posted on: Jan 21, 2011 7:28 PM
Message:
Have him collect from GOD, it was his fault... --67.142.xxx.xx |
Liability (by Mike45 [NV]) Posted on: Jan 21, 2011 7:32 PM
Message:
Irish is correct, you and the neighbor should not discuss this. That is why you both have insurance.
However, that being said, the question is whether this was an act of God or negligence on your part. Which in turn includes questions such as (1) how often does your area get 60 mph winds? (2) Was the fence built to Code? (3) Was the fence permitted and inspected and approvied by the city/county building inspectors when it was built (which would prove that it was built to Code)? (4) how were the boards or sections affixed to the posts? Nails, screws, ...? All of these questions are parts that go into the mix to determine if you were negligent in building and maintaining your fence.
There is no simple answer, other than Irish's!
--216.240.xx.xxx |
Liability (by RR78 [VA]) Posted on: Jan 21, 2011 8:53 PM
Message:
It would still be an act of god if the fence was not even installed. Even if you just had the raw lumber sitting in your yard and the wind blew it over. --72.82.xx.xxx |
Liability (by George [NJ]) Posted on: Jan 22, 2011 7:30 AM
Message:
Chances are that he doesn't have comprehensive on that old of a car and would be out of luck.
If I were your neighbor and couldn't collect on my insurance to make me whole again, I'd be suing you in small claims if you or your insurance tried to get out of paying. Act of God or not, your fence damaged my car, my car needs to be fixed or replaced. I would think a judge would most likely think that I should be made whole again. I would also think once you were served that you would turn it back over to your insurance company & they would sooner pay out than try to defend their position.
If the fence had fallen and killed a child, I doubt calling it an act of God would make the long line of lawyers knocking at your neighbor's door go away. --76.6.xx.xxx |
Liability (by Mark [AL]) Posted on: Jan 22, 2011 8:04 AM
Message:
Each person's insurance will cover their own property ,generally.Turn it over to your insurance company . --68.207.xxx.xxx |
Liability (by phil [NY]) Posted on: Jan 22, 2011 8:14 AM
Message:
I agree on a car that old most likely they are only carrying liability; so their insurance will not be getting involved,
Highly likely since your agent is claiming act of God; it’s going to come down to a small claims suit, to wit as posted nothing is ever a slam dunk in civil court, since you will bear the burden of Proof to submit admissible evidence to support your defense to why you should not be liable under your state act of God statute, like getting admitted into evidence that the winds in your particular property reached 60 mp when you where not even home , while the area may have experienced wind gust up to 60 does not mean you can show in a court of law what the wind speed where when the fence collapse
To the other comment I know of construction companies being held liable for materials causing damage that were not properly secured during windy conditions
--68.38.xx.xxx |
Liability (by Virden [OH]) Posted on: Jan 23, 2011 4:38 PM
Message:
Insurance agent will provide the needed forms and information for the claim. --99.147.xx.xxx |
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