Damaged car (not Prius)

Would your friend's own auto insurance cover the damage?

If the metal was part of the building itself (not "litter" left on the building or blown onto the building), then I'd say you have a very strong case to take to small claims on the grounds that inadequate building maintenance was the root cause of the incident, as you observed. Don't even bother with the landlord's insurance - that's his issue, not yours. Go after the landlord directly. Write him a certified letter asking reimbursement on the grounds that inadequate building maintenance caused property damage. Period. Wait for his written denial of your request (or possibly a check - a certified letter shows you're serious and he might write a check now to save more trouble later). If you get a writen denial, then go file a claim in small claims court, asking not just for damages but also reimbursement for your time and effort and fees for having been made to haul him into small claims. Obviously, keep records of every scrap of paper involved. Keeping a small diary of your exchanges with the landlord will also add weight to your case in small claims if it comes to that.

Hope this helps - I'm no legal expert so defer to any more learned advice from those with experience before the bench.

Mark Baird
Alameda CA

 

I have no practical advice to offer other than I hope your friend has photos of the car, the piece of the building that fell, and the part of the building from which the offending piece fell.

If they can prove it then it sounds to me like the building owner/insurance should be liable. As far as I know, stuff doesn't normally fall from buildings.

I guess if the insurance agency is very religious then they may have a loose interpretation of "act of god"...

 

What IS the metal - a piece of awning, a corroded chunk of balcony railing, a cracked section of vent piping? If any of these, you could include in your first letter that you'll be taking the piece of metal downtown to the City Building Inspector to see if the building is in violation of code. THAT might get the landlord's attention.

MB

 

If the piece of metal is part of the building (a bracket, nameplate, letter from a sign, etc) or something owned by the building (table, chair, umbrella on a roof patio) that was not secured properly and negligence was responsible for it being "blown" off or falling, then the owner is liable. It is not the owner's call. He's just trying to weasel out of filing a claim and paying since it's not covered under his deductible.

Kent County Construction? Were they doing work and left crap lying around to fall? They could also be liable. They say they're not? Says who?

The county tax records should have the owners name and address on file for the apartment buildings address and lot.

What the piece of metal is and how it came to be there to fall is the question. If it is construction debris that was nto properly disposed of, that's negligence on the part of the Construction Company. Who if hired by the owner still makes it the owner's responsibility.

As big a pain as it is, I suggest your friend file against the owner in small claims court. Let a judge decide whose fault it is. If he rules negligence of the owner, then the guy can file with his insurance or not. If he doesn't pay, your friend can put a lien on the building or garnish the owner's income until the debt it paid. But if your friend wins, he may want to find another place to live in case the owner wants to retaliate by raising the rents or something. Apparently legal or illegal doesn't have much influence with this guy. Responsibility isn't exactly his middle name either.

 

To the best of my knowledge, if the object that fell on your friend's car was caused by wind, the act isn't covered by the homeowner's insurance policy unless the Owner of the building is paying extra for wind peril on his policy. I think the terms that apply are "Special Forms" OR "Broad Forms" Policy. If there is no record of high winds in the area at the time of occurrence, you'd easily be able to prove this and deduce that wind was not the culprit. If he has adequate insurance coverage, he'd then be liable. This is to the best of my memory but I'm confident it's accurate information. You should request a copy of his insurance declarations page that outlines coverages to be sure. If not easily identifiable, just call his agent.

 

<div class='quotetop'>QUOTE(maggieddd @ Mar 7 2007, 09:23 PM) [snapback]401999[/snapback]</div>

The law is different in most every state. Generally, tort (civil) law is controlled by four issues:

duty
breach
proximate cause
damages

Was there a duty by the offending party? (yes, to maintain a safe bld)

Did the landlord (owner/controller of the bld) breach this duty? (don't know...was this poor (negligent) maint., what did the landlord/owner do wrong? Or was this something that was not preventable....high winds that blew off something that was properly attached, but for the high wind (God) and something that could not have been anticipated nor prevented by the landlord.

Was the duty and breach thereof, of the landlord, the p/c (reason, connection) of the incident and the resulting damages?

There must be damages for a tort to be actionable. Were there damages (yes, damage to the car) and if so, were the damages the direct and proximate result (cause) of the breach?

It all has to be tied together. Most county clerks offices have free books on filing your own small claims case, and most are restricted to a certian dollar amount. In some states...2,200 is too much for a small claims action, while others may allow more.

Sometimes the clerks are very helpful...sometimes not. It's worth a phone call. Also, call a couple of attorneys...you never know...you might even get one that will talk to you on the phone and give you 5 min of free advise...

Does your friend have full coverage ? If so, his ins. co. may pay for it...and then decide to go after the offending party to get their money back.

skynight

 

I am not a lawyer.

The building owner's insurance is of no matter to your friend. The claim is against the owner. His insurance is intended to protect him against claims. If his deductible is $5,000 all that means is if we're talking small claims court, his insurance is probably useless to him. Your friend sues the owner and his insurance never gets involved.

Your friend should find out if his own car insurance covers this kind of thing. Someone once threw a stone over a fence and damaged my car. My insurance paid. I never had to concern myself over who was responsible. There was no deductible for that kind of damage. So find out if your friend's insurance will cover it before bothering to consult lawyers.

If your friend's car insurance does not cover it, then you need to follow the advice of other posters about how to procede to make a claim against the building owner.

 

<div class='quotetop'>QUOTE(maggieddd @ Mar 8 2007, 08:36 AM) [snapback]402176[/snapback]</div>

We should not confuse liablility (a negligent act {or omission--the failure to properly maintain?} ) with insurance coverage. If the bld. was not properly maintained, the piece of window had been hanging or loose for months, then the owner of the bld may be negligent, and resp. for the repair to the vehicle. If he has insurance, the ins. co. steps up, investigates, negotiates, pays the bill. The person, owner/landlord/company that owns the bld., is the actionable party, not the ins. co.

 

<div class='quotetop'>QUOTE(maggieddd @ Mar 8 2007, 10:08 AM) [snapback]402201[/snapback]</div>

I was sued in small claims for auto damage.It was a frivolous harrassment suit but he won.
He got a ridiculously high repair estimate.The repair amount was not questioned in court and there is no requirement to use the money for actual repair.
I think your friend should file a small claims suit.No lawyers are allowed unless it is appealed ,but even then arent necessary . It costs maybe $30 to file.
Otherwise he will have to pay his own deductible and it will have accumulative affect on his insurance coverage .

 

Uhh.. Tell your friend to contact his insurance company. Let their lawyers handle it.

The insurance company lawyers are frugal and will ensure that the owner is held responsible. The insurance lawyers are working for the insurance company, who in turn, work for you. This is what they are for.

Don't write any letters. Don't demand payment. Just a call to his insurance company and they'll send the dogs out.

 

<div class='quotetop'>QUOTE(mojo @ Mar 8 2007, 01:21 PM) [snapback]402415[/snapback]</div>

There is a caveat to this. In North Dakota (and maybe other states as well) the defendant in a small-claims case can request that the case go to District Court, where lawyers are necessary. This makes it nearly impossible for a poor individual to sue a corporation, because the corporation, which has lawyers on staff, will always bump the case up to District Court.

However, Maggie already chose the best course: let the car-owner's car insurance company handle it. They'll pay for the damage, and then go after the building owner if they feel it's worth their while.

 

<div class='quotetop'>QUOTE(maggieddd @ Mar 8 2007, 06:24 PM) [snapback]402480[/snapback]</div>

Without comprehensive coverage sounds like your friend should contact the owner's insurance company and file a claim. If there is no settlement then he should file suit against the landlord. (I'm an accountant, not a lawyer.)