Help for DD#2 - neighbor and damaged car

[MichaelB]

DD has an unfriendly neighbor (couple with kids) with a driveway basketball hoop. In a storm last week it fell onto her car and damaged the roof. The estimate to repair is $490.

DD took pictures of the hoop laying in the driveway and her car. She attempted to discuss it with the women, who has refused to come to the door (sends her young kids). Her ex-husband coincidentally stopped by at that moment and did offer to help. Once acknowledged, the current husband promised to pay for repair. Today, when DD informed him of the estimate, the response was one of aggression (but no threat) and denial, and the phone call ended in an argument and refusal to pay. The ex wants no further involvement.

My question is, does DD have any recourse, or is she out $500? Can she involve the police or is this a civil matter? Is her only recourse small claims court, and if so, is she likely to prevail in the face of a complete denial of any responsibility? I told her I’d ask and get back tomorrow or Sunday. Looking for advice.

 

[Bestwifeever]

Call her car insurance agent?

 

[73ss454]

Since she will have a deductible I think she would have to take the neighbor to small claims court. She can avoid the deductible that way. I wouldn't report it to the insurance company if the deductible is over 100 bucks which I would guess it is.

I'm not sure if it would be car ins or home owners ins..

 

[MichaelB]

She has a high auto deductible and rents (no homeowners). Not sure about the neighbors but they seem like deadbeats to me - no insurance to cover something like this.

 

[Bestwifeever]

But maybe her insurance company [-]would pay for the repair and then go after the neighbors?[/-] (oops, didn't pick up on her "high deductible") could advise her on how to go after the neighbors' home owners insurance?

I don't think it would hurt to tell the neighbors she is going to call the police, as she has the photo evidence, even if the police just say it was an act of God and they're not going to be involved.

 

[73ss454]

The Police aren't going to do a thing, it's a civil matter. Small claims court is the answer.

 

[youbet]

She has a high auto deductible and rents (no homeowners). Not sure about the neighbors but they seem like deadbeats to me - no insurance to cover something like this.

Perhaps your daughter's deductible level is different for collision coverage than comprehensive coverage. I've seen folks get those mixed up. This damage would be covered by her comprehensive coverage and maybe that's at a lower deductible level than her collision coverage.

 

[Brat]

I would notify the property owner as well as notify my auto insurer. Whether or not the property owner would have any liability is questionable but there may be leverage there. Be sure to ask for a copy of her rental agreement because you can obtain her legal name should you need to take legal action.

Given the vibes she might as well file in small claims court immediately.

 

[youbet]

The Police aren't going to do a thing, it's a civil matter. Small claims court is the answer.

I agree that the police wouldn't do anything. But, if at the time of discovery Mikes daughter had called the police to come and write a report on an act of vandalism, at least the situation would be documented.

 

[Buckeye]

Deductible on neighbor's homeowner's policy or renter's policy would probably be at least $500 so it's going to be out of pocket for neighbor.

Will you be assisting DD#2 in purchasing renter's insurance?

 

[73ss454]

I agree that the police wouldn't do anything. But, if at the time of discovery Mikes daughter had called the police to come and write a report on an act of vandalism, at least the situation would be documented.

Yup, she should have called at that time but it's too late now. She does have a picture of the basketball net on the car though, that should be enough proof for the judge.

 

[Bestwifeever]

I agree that the police wouldn't do anything. But, if at the time of discovery Mikes daughter had called the police to come and write a report on an act of vandalism, at least the situation would be documented.

And even though the police are likely not to do anything but take a report, the neighbor, if advised in advance that she's going to call in the police, may have their own reasons for not wanting to see the police and hence may pay up instead.

 

[MichaelB]

She just moved less than a month ago. Shares a home (rental) with some friends (no lease for her). She's had renters insurance 'til now (gimme credit there Buckeye). I'm not sure she still does or if it would cover. Something to check.

I suggested she call the police last sunday when she saw the car - just to get the report as youbet said. It would also help with the neighbors. She didn't. I understand - she's trying to avoid confrontation, bad feelings, etc.

I'm going to review her auto coverage over the weekend. Calling the insurer is always a last resort for me when someone else is at fault. If she took my advice in the past, it is a high deductible.

Picture is of the net on the ground, near the car.


Thanks all for the feedback so far.

 

[73ss454]

I think that calling the police into this knowing they won't do a thing is a mistake. The nut job neighbor will just be pissed that you called the Police and laugh at you once they drive away doing nothing.

 

[73ss454]

If you need a Police report I'd go down to the Police Station so the neighbor doesn't know and at least your DD will have a report.

 

[molly]

I don't know too much about "basket ball hoop law" but.....if it was your neighbor's tree, unless you could prove intentional negligence, once the tree hits your property---it's your problem. That is the law in most states. My guess is that the basketball hoop would flow along the same lines of logic.

 

[youbet]

Sadly, I think this incident falls into the same category as situations such as returning to your car in a mall parking lot to find a small dent or having your car sustain a small amount of hail damage.......... you're stuck. The cost to repair the damage is less than the insurance deductible you chose and there is no one else to pay.

It's true that in this case, it appears the neighbor's bb hoop blew over in the wind and caused the damage. But since the neighbor doesn't want to pay, you'll have to evaluate the hassle of winning a judgment and then actually collecting the money vs the value of $490 to your daughter (or to you, deep pockets dad...... )

By any chance is the damaged car an older model where perhaps a quick touch up and buff for $100 - $200 would do?

 

[MichaelB]

For this humble non-lawyer the difference between a basketball hoop and a tree branch is the hoop was placed in that location, can be moved, and should have been when a bad storm was forecast.

Youbet, as you say, this may be an expensive lesson. Still, before concluding that she (we) need to understand the options.

Agree that police now won't help.

Gotta go set the table. It's my job, I do it well, and the pay is fantastic (DW's cooking). A real bargain for me. I'll be back tomorrow on this.

 

[FreeAtLast]

Perhaps the best that she can hope for is that she and her neighbor split the repair bill.

I had a basketball hoop in my driveway and it came down and just missed my car. Mine got old and a support got rusted out. I guess some wind helped thing along.

 

[Texas Proud]

Also from a non-lawyer.....

But, a basketball hoop is different than a tree... if a tree is healthy and a storm causes it to break and fall on the neighbor, that is an act of god... if a basketball hoop falls, that means you did not anchor it properly which is negligence...

Also, you probably have uninsured/underinsured insurance.... I would think this falls under that part of the policy... comprehension is when YOU cause damage to your car or your car is damaged and you do not know who is at fault.... here you do know, the question is do they have insurance...


There is no deductible on the payment of liability... so if they have homeowners insurance it should pay... now, it might cause higher premiums... but that is their problem...


MORE LIKELY is they do not have any kind of insurance and you are now left to get blood from a stone.... (or course, if you think they actually do have money then small claims court is the way to go).....

 

[chinaco]

One lesson learned. Call the police and file a report in the future.

Thank goodness she does not own the house and it is not a permanent neighbor.


He may have her over a barrel... If he is not willing to pay... it may cost her more to recover the $500. Small claims court filing fee and time off work. Then if she gets judgement she still has to collect. Not sure of the state law and procedure... but that may cost more money if he doesn't pay willingly. Then there is the hassle and stress. She could lock horns with this guy and still wind up with nothing but a lot of frustration.

As an alternative, she might let things settle for a few days. Go back to the guy and try to negotiate some sort of payment (no heated argument or threats... just careful reasoning).

If he is reasonable at all, he might be willing to pay half to officially (live up to his obligation). He might feel like the big negotiator since he work the price down. To your daughter... Half a loaf is better than none!

She might not ever be made whole on it anyway... no matter what. If the negotiation does not work, she might be better of letting it go... even though "it is the principle of the thing"!

[It is easy to say that when it is not my problem.... I am a "principle of the thing" kinda guys]

One thing you might want to council your daughter about... (and I do not mean to insult you or make any assumptions)... but

If she gets into a p!ssing contest with this guy, she and her roommates had better be a little careful. If she and her friends are squeaky clean... then there may be no future retribution. But if they cut lose a little, as young people often do... it might be used against them. If they have parties (which young people do).... this @$$h0le will probably be calling the cops on them.

 

[Walt34]

From the perspective of retired law enforcement:

The police cannot (as opposed to will not) take any action against the neighbor. In order for it to be vandalism the damage must be intentional. It is unlikely they would even write a report as there is no crime involved and they are not in the business of documenting events for people's civil cases.

Your daughter's recourse is in small claims court. Has your daughter been damaged? Of course. Could the neighbor have reasonably foreseen the damage happening? Sure. Is it worth pursuing in court? That's a judgment call.

 

[frayne]

My two cents, I'd tell her to chalk it up to experience and forget about it. Also lesson to be learned, don't park close to a stationary basketball goal. Doesn't seem hardly worth the hassle to mess with.

 

[TromboneAl]

Say to neighbor "If you pay half now, we'll forget about it and shake hands. Otherwise here's a letter that shows our appointment in claims court on July 12."

 

[GregLee]

I don't think it could be worth $500 to get tangled up in small claims court and cause further enmity with her neighbor, unless she looks on it as an educational enterprise or as fun. I was sued once in small claims court, and it cost me nothing except lots of time (I won). But it was quite interesting, for someone who never had been in court before.