legal fact pattern
Counselor Ryan's Legal Dilemma
Hello gang. Today we have another guest blog entry from Counselor Ryan. Looks like he’s looking for some legal advice. I told him that this blog is not an official forum for legal advice and that he should not directly rely on anything that people say in the reply section. (I encourage all lawyer/law students replying to this post to uses similar disclaimers.)
SO…that said…here is Counselor Ryan’s legal dilemma:
Tuesday night I awoke to a loud crash that seemed to come from my roof. I looked outside and saw a gigantic tree branch laying between my house and my car which was parked in the driveway. I assumed that the branch had hit my roof and went back to sleep. The next morning, I went to drive to work and found that my car was, in fact, destroyed. The branch had landed squarely on the roof of my car and smashed it to bits, several of which were now on the ground.
I talked to the owner of my neighbor's house whose property the tree was on. I told him that the tree had clearly been in need of a trim, as the branch was completely dead. He told me to check with my auto insurance to see if it was covered. I did, and since I had recently taken off the comprehensive coverage, it wasn't.
I got an estimate for the damage. Conservative estimate: $6,000-7,000. Two of the repair shops said that if insurance was to cover it, they would probably total it.
The landlord's home-owner's insurance claims that because of Michigan's no-fault laws, they only cover up to $500. I'm pretty sure that he is liable for the damages caused to my car, but don't think it would be worth the cost to take him to court. What would be the best way to handle this while actually coming out with the money I need to fix my car?
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Ok, two pronged advice, none
Ok, two pronged advice, none of which is legal advice.
#1 Negotiation and verification. Ask the insurance agent to provide you with a copy of the statute. Ask him to show you where in the law it says "If the damaged car only has collision insurance the home owner's insurance is off the hook." They might be lying. And if they're telling the truth, then it's all on the homeowner (who will probably feel stupid for buying insufficient coverage.)
Get a written statement from a repair shop as to the cost of repair and their opinion that it should be totaled. Find the replacement value of your car. Talk to the home owner about the situation. Point out that since his insurance won't cover it, he will need to.
#2 Small claims - lower recovery amounts, lower fees, more informal setting.
Also, having the ability to go to small claims court can be a good negotiating tactic. If he won't settle with you, then you tell him that you'll have to take him to small claims court. Check with your jurisdiction to see the rules of small claims.
If you sue the guy directly, and win, it doesn't matter if his insurance will pay. Either they will, or he will. Just because his insurance won't pay doesn't mean the homeowner isn't on the hook.
The insurance company claims
The insurance company claims that there is an exclusion for items like cars (as well as motorcycles, rv's, etc.) that usually carry their own insurance. Think of it like this: your garage burns down with your car inside, and the homeowners' insurance only covers the garage. Maybe an industry-wide understanding that keeps costs competitive across the board?
Either way, I would have to have comprehensive auto insurance to get this damage covered in this situation which I don't.
At least, that's what the insurance company says...has anybody got any experience in this area?
That lets the insurance
That lets the insurance company off the hook (assuming they are both honest and correct in their interpretation.) So that sucks.
But what does the existence of lack of existence of coverage have to do with liability?
Think about it this way. You drive a car with minimal insurance, the driver of another car has minimal insurance, you crash. He's permanently disabled. Your limits only go up to $30K. Do you think the other guy only gets 30K? Or do you think he gets 30K from the insurance company, and sues you for your own assets?
I'm assuming the owner of
I'm assuming the owner of the house is liable, but is that actually true? I don't have enough knowledge of the law to call him and begin negotiations with the assumption that he is...
My advice is to contact an
My advice is to contact an attorney and stop asking what to do. A competent attorney near where your car was damaged will be able to assess this case in minutes and tell you what can be done, what it will take to do it, and where you stand - all before asking you for a penny.
I was hoping a competent
I was hoping a competent attorney in my area would read this and offer to do just that...get more readers, Lax!
I used to sell insurance for
I used to sell insurance for 12 years. Your going to have to take him to a small claims court in order to render the damages for your car. The insurance co's all have that cap of about $500.00. The homeowner may be liable but his policy will only cover so much.