Legal Question in Personal Injury in Montana
Damage to Car
My neighbor's unsecured 8'x8' dog kennel was carried by a gust of wind into/over my car (parked in my driveway), causing $2,100 - $3,100 (range of estimates) in damage. My neighbor's claim with her insurance company was refused, with the reason stated as: "based on our investigation, the contributing factor in this loss was high winds estimated at approximately 80 miles per hour by Ms X (homeowner) and a contractor working on her home at the time of loss. Therefore, we do not believe Ms X is responsible for the damage to your vehicle." (Note: At the time of the loss, only the homeowner's teenage daughter and a friend were home, and the contractor was in our neighborhood, but on a different street, and not within visual proximity of the house or driveway).
What recourse do I have, if any? Is my recourse with the neighbor or the insurance agency? Thanks for your time.
1 Answer from Attorneys
Re: Damage to Car
Your facts make no sense to me. There was damage done to your car that was no fault of your own. Whether the high wind caused it is of no relevance to insurance. The very reason you get insurance is to pay for things that happen like this. There should be some sort of "act of God" coverage on your neighbors' insurance at minimum. If not, your neighbor is per se negligent for not securing the kennel to the ground. My best advice is to contact your own insurance agent who will file a subrogation claim against your neighbor or neighbor's insurance carrier.
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