Legal Question in Insurance Law in Kentucky

property damage

During a tornado, my trampoline blew into my neighbor's vehichle, I made a claim with my homeowners, next day, they denied paying anything - said her full coverage is responsible from Progressive. My neighbor paid her deductable and received a 1750.00 check to cover the damages. Could I be took to court to cover her deductable? My homeowner ins. keeps telling us were not liable.


Asked on 5/23/08, 7:06 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: property damage

You have two questions and the first one is whether you can be sued. That answer is "yes". If you are sued, then your insurance company should defend you. The second question is whether you are liable. That answer is "it depends". There is no way to give you a certain answer on that second question.

The most likely scenario would be for the neighbor's auto insurance company to seek reimbursement from your home owner's insurance through a process called subrogation.

Now, what you might do is offer to pay 1/2 of the neighbor's deductible and ask her to release you from any other liability for the damgaes (in writing of course).

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Answered on 5/27/08, 10:42 am


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