spongebobnopants

Any insurance experts out there?
So I was tailgating at a concert Saturday and the parking people had the cars packed in there. You were there till other people went home. If you had to get out you were stuck.

So everything was so tight that people could only put up their POP-UP tents every other two rows of cars. Well, some dump ass puts up a table umbrella in the tight area where nobody else is/can, the kind that need a table to make it stay put. This thing blew down like 4 times and they were there to catch it each time. Then they decide to walkaway and this thing blew in the air and came smashing down on my windshield denting and scratching the hood and quarter panel. Nearly took out a kid too.

A-hole finally comes back and I told him what happened. He said it was and "Act of God." and was a real jerk about it. PD took a report and said they can't do anything about it. I have a feeling his car insurance will not fix it, but maybe homeowners... Not sure. Mine will cover it with a deductible, but thats $500 out of my pocket and probably higher rates.

Any advise would be great.
Thanks!

Carbon2008RDX

If you have the A-holes name and address, send him a small claims writ with a "demand letter" demanding reimbursement for your total repair costs and grievances. There is no way your insurance should take the hit and possibly raise your rates as well and you paying the deductible.

Maybe inquire with your insurance company if legal action should be taken. Small Claims Writ and Notice of Suit documents are available online for free for most states. Do a search for JD-CV-40 fillable pdf online for your state. I believe by law one must make a proven attempt to collect for your loss before suing and filing a writ, hence, send a small claims "demand" to this person first. Then, if he doesn't make good after a reasonable amount of time (two weeks) or doesn't make a commitment of restotution then you can sue him.

Or, suck it up and pay your deductible and stay away from A-holes! Sorry to hear about your situation. That really sucks.

spongebobnopants

Thanks. I'll be getting an estimate in the morning.

spongebobnopants

Ok So far I got the Windshield replaced. Safelite did it. The only problem is the side moldings have a 3/16 gap on each side of the windshield. I think they set it too low. That or the clips might need to be replaced to seat it lower. I know sometimes this stuff is 1 time use.

MMike1981

You definately have a remedy for property damage; whether thats through a governing insurance policy or as a small claim in the proper court, you can recover your damages. An act of god is a tornado, a monsoon, an earthquake. the owner of the property/item was made aware of, on 4 occasions that he did not properly secure the umbrella, not to mention misuse of the product (if the umbrelle does in fact require some other piece) he is liable for his negligence. If you need a new bumper, panel, and windshield, my guess is that your damages will be over 2k and not small claims...

wrestrepo

act of God would be a tree, not an unsecured piece of furniture. Sue him!!!

Carbon2008RDX

It doesn't hurt to get advice from your insurance company first. But with that said, I believe small claims is up to $5000 now, so, more than enough for your situation. If you ultimately sue him in SC and he doesn't make good the court will typically grant you a judgment of damages in your favor. You can then record a judgment lien against this person for due damages approved by the court. Doesn't mean you'll get your money but at least you've secured documents proving money is due to you. Last but not least, you could file a "disclosure of assets" from the defendant to secure monies due to you, hence, from his bank accounts, assets, etc. It goes on and on... Depends on how hard you want to push it.

littleblazer

Safelite Company Try to fix my bull eye on my windshield end up cracking big slit across.
End up putting new windshield for 275.00.