We rent our house and have renters insurance. Where there is damage to a car, the car owner can claim for the damage to their vehicle from their own motor insurer if it’s worth doing once the excess is factored in. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. What are the chances of his homeowners insurance paying for it. Following your logic if I didn't apply my handbrake to my car and it rolled down a hill causing damage I wouldn't be responsible. … Court costs would include the court filing fee and process server fee. He is now claiming that the damage is an act of nature and he should not have to cover it. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Insurance is telling me that we have to pay for it because the neighbors supposedly had it tethered to the ground. The license plates belong to the registered owner of the vehicle, not the vehicle itself. You will need to find a rental car with a reasonable rate. In the middle of the night a trampoline blew across the road from the house opposite and landed on my car. The same applies to the rental car. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Trying to figure out what the next steps I should take are. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. What to do if during a wind storm my car was damaged by a trampoline that blew over from my neighbor 2 doors down? My trampoline flew out my backyard in a sudden storm, it hit my neighbors back car windshield. Insurance is telling me that we have to pay for it because the neighbors supposedly had it tethered to the ground. Assuming they didn't know he had the trampoline (probably didn't tell them as they just got it earlier this summer) and he tells them it was staked down (probably wasn't but no way to prove it wasn't)? Actually I'm not even sure if I should call the damage "dings"--the paint has chipped off at several places and the metal body actually has indented where she (my neighbor) hit with the edge of her car door. The neighbor's insurance will not cover the damage due to the wind gust of 70 mph. Therefore, proximate cause is established and your neighbor is NOT relieved of liability. Damage from neighbor's trampoline. If it was unforeseeable (act of God), your neighbor may be relieved of liability. Seriously. A third one crashed and landed on her car that was parked on the street A fourth has landed on the house next door! If a neighbor’s trampoline smashed the back of my car during a storm, are they legally responsible for the damages? Can I pursue the neighbor for my out of pocket expenses insurance deductible? Can I pursue the neighbor for my out of pocket expenses insurance deductible? authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. What covers this and will they replace the trampoline as well. Tornado damage in Chicago, northern Illinois. ","acceptedAnswer":{"@type":"Answer","text":"Your neighbor is liable for the damage to your car.  The insurance company might be claiming that the storm was an act of God and therefore the insurance company is denying the claim.You can sue your neighbor for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable person would have exercised under the same or similar circumstances to prevent foreseeable harm).In order to prove negligence, you will have to prove duty (of due care mentioned above), breach of duty (failure to exercise due care by not properly securing the trampoline), actual cause, proximate cause, and damages.Actual cause means but for the trampoline, would your car have been damaged?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve your neighbor of liability?  If the answer is no, proximate cause has been established.  The issue here is whether the storm hurling the trampoline into your car was unforeseeable.  If it was unforeseeable (act of God), your neighbor may be relieved of liability.  You should argue that the storm was foreseeable and that your neighbor did not adequately secure the trampoline.  Therefore, proximate cause is established and your neighbor is NOT relieved of liability.Damages means the amount of compensation you are seeking in your lawsuit for negligence.  Your damages would be the cost of repairs to your car.  Depending on the amount of damages you are claiming, you may be able to file your lawsuit in Small Claims Court.  Your damages should include the cost of repairs to your car including the cost of a rental car while your car is being repaired if you need a rental car, and court costs.  Court costs would include the court filing fee and process server fee.  You will need to mitigate (minimize) damages by selecting an auto body shop whose charges are comparable to other auto body shops in the area.  If you select the most expensive auto body shop you can find, you have failed to mitigate damages and your damages will be reduced accordingly.  The same applies to the rental car.  You will need to find a rental car with a reasonable rate.  If you were to select the most expensive rental car you could find, your damages would be reduced accordingly.    "}}]}, Asked on April 30, 2013 under Insurance Law, South Carolina. Should I call his insurance company too. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Fail. Thanks. All legal content, insurance rates, products, and services are presented without warranty and guarantee. If you select the most expensive auto body shop you can find, you have failed to mitigate damages and your damages will be reduced accordingly. Depending on the amount of damages you are claiming, you may be able to file your lawsuit in Small Claims Court. Damages means the amount of compensation you are seeking in your lawsuit for negligence. And how about getting him to pay for the damage, perhaps by me suing in small claims court? Answer. If you find a leak in your house caused by your neighbour, for example, their home insurance policy may not pay out if the cause of the damage is poor maintenance of their home. 1 decade ago. The insurance company might be claiming that the storm was an act of God and therefore the insurance company is denying the claim. If you were to select the most expensive rental car you could find, your damages would be reduced accordingly. If a neighbor's trampoline smashed the back of my car during a storm, are they legally responsible for the damages? We had bad wind the night before last and our neighbor across the street had his trampoline blown into my yard and into my car and my neighbors car and house. In the storm, the wind kicked up to 60 MPH, and threw the trampoline over my truck. Neighbors Trampoline Damaged Car. ... What to do if during a wind storm my car was damaged by a trampoline that blew over from my neighbor 2 doors down? It caused a significant amount of damange. It swept over our adjoining fence (thus damaged), hit the corner of my tile roof (thus damaged), went across my front yard and hit my truck and punctured the windshield (2" hole), put two dents in the body and scraped across the hood of a visitor's car also denting it. User #258789 5881 posts. It has damaged it pretty … The neighbor on the other side of our lot saw it happen and informed us. Negligence is the failure to exercise due care (that degree of care that a reasonable person would have exercised under the same or similar circumstances to prevent foreseeable harm). Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be It's about $2500 worth of damage to my car. First, have you spoken with your neighbor and asked them to adjust their sprinkler? My neighbor's trampoline hit my house during a storm, they are liable for the damage, right? Your neighbor is liable for the damage to your car. Question Details: Insurance is telling me that we have to pay for it because the neighbors supposedly had it tethered to the ground. Actual cause means but for the trampoline, would your car have been damaged? Hi all, I have a question. Track my home. Favorite Answer. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Good luck. 3. gregdev. Asked on 4/30/2013 under: Insurance Law South Carolina. If the tree damages his house … The neighbor is uncooperative. The trampoline continued to roll into the adjoining fence (thus damaged) shared with my neighbor on the other side of my property. damage to my vehicle could not be covered by the policy as the trampoline had left the neighbors property and collided with my car as an "Act Of God" If you have never seen the 2001 film 'The Man Who Sued God' starring Billy Connolly, you should get it out asap. That rust must be annoying … He does have allstate and said he'd be calling them this morning with my car estimate. You can sue your neighbor for negligence. If you cannnot be bothered at least google. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"If a neighbor’s trampoline smashed the back of my car during a storm, are they legally responsible for the damages? Unlike the The license should be displayed by the dealer. I helped the neighbor who owned it pick up the pieces of the trampoline and bring it back to his house. Disclaimer: Neighbors with a hand saw clear a tree blocking Kedzie Avenue in Chicago on Monday, after a large storm passed through the city. Proximate cause means are there any unforeseeable, intervening acts which would relieve your neighbor of liability? It has caused the boundary fence to come down, and has damaged the neighbours guttering. When I got home in the morning I picked up pieces of the trampoline next to the side of my house. While you might think that if your neighbour causes damage they’re responsible for putting it right, it isn’t necessarily this straightforward and depends completely on the circumstances. On a windy day last week, our neighbor's full size trampoline flew into our yard and landed against my wife's car parked in our driveway. ... like "restricting the color of trampoline covers" ridiculous. Selling a Used Vehicle † Remove the license plates on the vehicle before delivering it to the buyer. Moreover, since I rarely drive my car, it is almost always parked in my apartment garage. In order to prove negligence, you will have to prove duty (of due care mentioned above), breach of duty (failure to exercise due care by not properly securing the trampoline), actual cause, proximate cause, and damages. Asked on April 30, 2013 under Insurance Law, South Carolina . It totally ruined the trampoline and did damage to their home. † By law, all new and used car dealers are supposed to be licensed with the Secretary of State’s office. am I responsible for - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. Find the right lawyer for your legal issue. Due to our excess being £500 and our insurance company saying it would be unlikely they'll recover it we have made a direct claim with our neighbours home insurance. Your damages would be the cost of repairs to your car. Similarly, if a tile blew from the roof of your property and caused damage to, for example, your neighbour’s car, he … This will come down to where you diligent in the installation of the your giant Frisbee. We had bad wind the night before last and our neighbor across the street had his trampoline blown into my yard and into my car and my neighbors car and house. It was 7 days old! May I remove and discard the rugs--or at least cut away and discard the portion hanging in my yard? Our trampoline blew into our neighbor's house today. If the wind came up quickly with little warning then no, act of god. If your kids have a trampoline in the back garden, make sure they can’t see into the neighbours’ garden as they leap – this could also be seen as … See if your homeowners will cover it. So unless your neighbour agrees to pay out of their own po… Question Details: The neighbor's insurance will not cover the damage due to the wind gust of 70 mph. Hi all, I have a question. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. The issue here is whether the storm hurling the trampoline into your car was unforeseeable. During a recent week when we were experiencing high winds and high wind advisories over a period of several days, my neighbor's trampoline moved several feet … You should argue that the storm was foreseeable and that your neighbor did not adequately secure the trampoline. A second one crashed and damaged her shed. On April 5, out town had a bit of wind which caused my neighbors trampoline to blow over and on top of mine & my neighbor's cars. Click the to save properties. My car was recently damaged when a neighbours trampoline blew out of their garden hitting the passenger door and rolling over the roof of our car. More Legal Topics All States Other Structures: If your trampoline is damaged and it is caused by a covered peril as stated in your homeowners insurance policy, a portion of the damage may be covered. But if there were storm warnings for a day and you failed to tie down the trampoline then yes an argument can be made of negligence. It's about $2500 worth of damage to my car. ... And do what you can to get your neighbors on board. If the answer is no, which appears to be the case, actual cause has been established. The neighbor retrieved the trampoline without bothering to inform us of the incident. This damage is subject to the deductible and limited to the amount set forth in your policy. Their motor insurer can then make a claim on your third-party liability in your buildings cover. Contrary to the majority of the non-lawyer's opinions, windstorms are indeed an act of God and humans are not generally responsible for damage caused thereby. It caused damage costing more than £2,300. If the answer is no, proximate cause has been established. Answer: If your neighbor’s property is damaged by your tree, then he should file a claim with his insurance company. Asked on 9/25/2012 under: Insurance Law Maryland When assigning responsibility for damage to the owner of the flying trampoline, we must consider if the cause of the flight phase is a result of negligence. or an attorney's conclusion. Saved Homes. You will need to mitigate (minimize) damages by selecting an auto body shop whose charges are comparable to other auto body shops in the area. If you have already tried this, and they have not cooperated, then you may want to consider sending them a registered letter explaining the damage being done to your fence, telling them that you are going to clean it, and that you would like them to cover the cost of the clean up. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. If your neighbor did not do a very good job anchoring the trampoline and the windstorm was forecasted and was not extra-strong or out of the ordinary, your neighbor might be … Imagine a thread pops up 'my trampoline damaged a neighbours house and wants to me to pay, what can i do' lol. Your neighbour will not be liable for the damage caused to your property as no-one is held responsible for damage, such as storm damage, caused by so called ‘Acts of God’. She paid my neighbors insur… My neighbors have a very heavy trampoline. Quotes and offers are not binding, nor a guarantee of coverage. He saw pieces of the trampoline next to my house. What are the chances of his homeowners insurance paying for it. Laws may vary from state to state, and sometimes change. Your damages should include the cost of repairs to your car including the cost of a rental car while your car is being repaired if you need a rental car, and court costs. 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