Car Damage - Who is Responsible

[billeisele 130]

the chimney cap on my unfriendly neighbors house blows off during a wind storm and hits my car causing $1200 in damage, the chimney cap was attached with caulk

his homeowners insurance says it is an Act of God and it is not covered - what the agent actually said was "he is not responsible"

I can file this with my car insurance but would rather not. Regardless, I would still be on the hook for the $500 deductible.

Do I have any recourse with the neighbor?

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

[mnealtx 0]

Legally...who knows? Proving he knew the attachment of the cap was faulty would be critical.

Persuasion and an offer to split the bill would be your best choice, I think.

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[downwardspiral 0]

Sounds like an act of god or mother nature to me. It wasn't like his negligence caused your car damage. Not worth ruining a neighborly relationship over IMO.

www.FourWheelerHB.com

[DougH 270]

You missed the part where it was an unfriendly neighbor.

I would get a written opinion from a fireplace contractor that details the industry standard for installation.

Fax it to the insurance company and tell them that you have plenty of vacation time and you like spending your free time in small claims court.

"The restraining order says you're only allowed to touch me in freefall"
=P

[downwardspiral 0]

I didn't miss it but an unfriendly neighbor can turn into an unruly neighbor and possbily even graduate to incarcerated neighbor. I guess I see things beyond just $$$$

www.FourWheelerHB.com

[Lastchance 0]

I've never understood what God and insurance has to do with one another. If God is all knowing, all seeing, all powerful then everything that happens in the world is an "Act of God." For Instance if your house is taken out in a flood, isn't a flood an act of God? It just seems to me that it's a loophole for these insurance companies to get out compensating people for what they are payed to do in the first place. Insurance is nothing more than a scam.

I may be getting old but I got to see all the cool bands.

[turtlespeed 212]

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I didn't miss it but an unfriendly neighbor can turn into an unruly neighbor and possbily even graduate to incarcerated neighbor. I guess I see things beyond just $$$$

Well if that is the case - then maybe it's time to take out the middle man and send him right to the pokey!

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[jsaxton 0]

Sue him for damages in small claims court.

[millertime24 8]

I hear you. Insurance sucks. They MAKE you PAY for a product that you hope you'll never have to use(premium), then make you PAY again in order to actually use the product that you were hoping you didnt have to use (deductible), then make you PAY more after using the product just to keep it (raised rates). Insurance is a legalized scam. Hell, when ever Ive had a wreck before I would actually pay out of pocket for the damages, because it was cheaper in the long run than using my damn insurance!!!

I consider insurance companies to be right at the same level as rapist and thiefs (because really thats what they are).

Muff #5048

[Lastchance 0]

IMO this is how it should go. You pay your insurance premiums for the yr. If you go the full yr with no claims against your policy then your premiums are reduced. Another claim free yr, another reduction until you are just paying a minimum fee which would go on indefinatly. When and if you do have a claim, then and only then do your rates increase again. But then what do I know? I'm just another Joe Schmoe paying outrageous insurance premiums. It's all just another example of corporate greed. I agree with you about them being at the same level as criminals because that is exactly what they are, only legally.

I may be getting old but I got to see all the cool bands.

[mnealtx 0]

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IMO this is how it should go. You pay your insurance premiums for the yr. If you go the full yr with no claims against your policy then your premiums are reduced. Another claim free yr, another reduction until you are just paying a minimum fee which would go on indefinatly. When and if you do have a claim, then and only then do your rates increase again. But then what do I know? I'm just another Joe Schmoe paying outrageous insurance premiums. It's all just another example of corporate greed. I agree with you about them being at the same level as criminals because that is exactly what they are, only legally.

Isn't that basically what you're already doing - paying the lowest rate pursuant to vehicle type/driving record/etc. ? A discount due to longevity with a particular insurance may be nice but has nothing to do with the rate you pay (in that regard).

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[quade 4]

Contact you car insurance company and have them take it up with the neighbor's home owner's insurance company.

That's part of what you pay them for.

Then when the case has been settled on the insurance level, take your neighbor to small claims court for the $500. It's a guaranteed win.

quade -
The World's Most Boring Skydiver

[CSpenceFLY 1]

Do what they do when a plane crashes. File a law suit naming the owner,builder,chimney maker,caulk manufacturer,electrican,brick mason and anyone else you can think of. You should come out of this ok.

[futuredivot 0]

Welcome to South Carolina. A wholly owned subsidiary of the insurance industry

You are only as strong as the prey you devour

[Lastchance 0]

Dude. You're raining on my soap box parade

I may be getting old but I got to see all the cool bands.

[billeisele 130]

Quote

Contact you car insurance company and have them take it up with the neighbor's home owner's insurance company.

That's part of what you pay them for.

Then when the case has been settled on the insurance level, take your neighbor to small claims court for the $500. It's a guaranteed win.

this is the route I've been considering, he knows the total repair cost is $1200, before going to court I was thinking about asking him for the $500 instead of the total $1200 so he thinks he getting off cheap

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

[popsjumper 2]

Quote

Do what they do when a plane crashes. File a law suit naming the owner,builder,chimney maker,caulk manufacturer,electrican,brick mason and anyone else you can think of. You should come out of this ok.

...and don't forget John Doe 1 through 10.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[councilman24 37]

I don't begin to understand this shit.

But when my tree fell on my neighbors fence my insurance payed for fixing the fence. But not for removing the tree.

I'm old for my age.
Terry Urban
D-8631
FAA DPRE

[billeisele 130]

Quote

I don't begin to understand this shit.

But when my tree fell on my neighbors fence my insurance payed for fixing the fence. But not for removing the tree.

if the tree fell due to old age, rot, damage, etc. then the insurance pays off - but if from wind or storm - Act of God - then no $$
at least that is what they tell me

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.

[councilman24 37]

There is always wind. Who determines the 2 mile an hour breeze didn't cause it to fall? Is not gravity an act of God. Along with rot?

Just one more institutiallized scam that I give up trying to fight about.

BTW mine was a wind storm.

I'm old for my age.
Terry Urban
D-8631
FAA DPRE

[harryskydives 0]

The issue is negligence, not god.. If you neighbor just put the cap on himself, and did not do a proper job. I would bet his homeowners would have to pay. If a contractor did the work and did not do a proper job, he should be able to subrogate back against the contractor. If the cap had been there for many years and it was a big wind storm..., what did your neighbor do that was negligent? Wind blows, trees fall, ect.. Any way, your comp not collision coverage would fix your car. You might have a lower deductible on the comp and no penalty for a comp claim. Ask your agent. If you have your car fixed by your auto Insurance you do not have to right to settle with your neighbor. Now it is the Insurance co that subrogates, and your insurance company might not fix your car if you have taken a settlement from the neighbor

Don't run out of altitude and experience at the same time...

[mr2mk1g 10]

If his insurance says it's an act of god, that's his problem, not yours.

That just means he has to pay your claim out of his pocket instead of having his insurer pay for him.

You can still claim the repair costs from him, even though his insurers refuse indemnity on the claim.

I can't comment further on the position in the US, but in England it's a pretty easy claim to bring. He would have to show that his roof was in a good state of repair and the standard he would have to reach is quite a high one. If there were any lack of repair or maintenance or any problems with the chimney that could be determined as being the cause of its failure... you'd be likely to see an award in your favour.

For US rules... I can't comment save as to observe that often as not they're usually similar to in England... but not always.

I'd do as Quade suggested. Claim through your car insurance. Yes, you'll pay the deductible, but they are then likely to claim back the full cost of your claim from your neighbour / his insurers. That should include the cost of your deductible, so you ought to get that back in the long run, (at least... you would in England).

[JohnRich 4]

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The issue is negligence, not god.. If you neighbor just put the cap on himself, and did not do a proper job. I would bet his homeowners would have to pay...

What he said. All wind damage is not "an act of god". If the chimney cap is a light-weight sheet metal thing, then attaching with caulk only is inadequate. Caulk cracks and degrades over time, and eventually, the light-weight sheet metal WILL blow off.

On the other hand if it was a 100-lb. clay chimney cap, then it could not be foreseen that any wind would be strong enough to blow that off, and therefore it could be a real "act of god".

So my answer would depend upon the construction of the chimney cap in question and the strength of the winds that blew it off.

The insurance company should have some provision for appeal of their rejection. Follow up with that.

[Scoop 0]

Cause $1200 of damage to your neighbour's car. Repeat this cycle of tit for tat vandalism until you are both satisified with the outcome.

Oh no wait, thats just what my 'customers' do.

[billeisele 130]

Quote

Quote

The issue is negligence, not god.. If you neighbor just put the cap on himself, and did not do a proper job. I would bet his homeowners would have to pay...

What he said. All wind damage is not "an act of god". If the chimney cap is a light-weight sheet metal thing, then attaching with caulk only is inadequate. Caulk cracks and degrades over time, and eventually, the light-weight sheet metal WILL blow off.

On the other hand if it was a 100-lb. clay chimney cap, then it could not be foreseen that any wind would be strong enough to blow that off, and therefore it could be a real "act of god".

So my answer would depend upon the construction of the chimney cap in question and the strength of the winds that blew it off.

The insurance company should have some provision for appeal of their rejection. Follow up with that.

it is a light wieght aluminum cap installed by one of the previous owners, from a practical standpoint there is no way he know the cap was not properly attached

Give one city to the thugs so they can all live together. I vote for Chicago where they have strict gun laws.