Insurance Question

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BCClone

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Not exactly sure.
The question is were they negligent. We need more information. If they had people holding it while trying to tie it down then I don’t get how you can say it was negligence. I’m not saying it wasn’t but we’d need to see more information. If the insurance agency actually wanted to go after him in court I don’t think they’d win. With the current info. Actually with just the information we have I know they’d lose.

This is basic negligence. Even if people were holding it. Its a loss in court for the tent guy. Best route is to see if he can pay for the deductible.
 
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RedBlooded

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Jun 11, 2010
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Really? I did this for a living for 30 years, but I guess you know better.

Here is an Act of God: a tornado tears the roof off my house and it lands on your car. THAT is an Act of God, as they call it. In that case I truly did nothing wrong. I do not owe you for your car because I did nothing wrong, it was an unforeseen and unpreventable occurrence. The same cannot be said about the tailgate tent. Put yourself in the shoes of the owner of the car. So if your parked car gets damaged by someone else's tent, you would just say, oh well, not your fault, just the wind. I think not.

Since fireworks became legal I've seen a lot of negligent vehicle damaged caused by people shooting fireworks at cars. This is similar situation and would not be covered by a homeowners policy. It would be covered by comp and the insurance company would probably list the cause as vandalism.
 

BoxsterCy

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You don't have his cell number? Honestly. Time to get better service.

Now reading the rest of the he responses. I can't believe the jackwagons here. He did something to damage someone else's vehicle, the other guy did nothing. Be decent people folks! I have a feeling there are several people here who run when they damage a parked car.

You are talking about the "Ah, that will buff out" crowd. Yeah, man up and take responsibility. This blame the wind stuff is lame. It's the little stuff here that reveals what ****** character some people can have when it comes to money, responsibility and blame.
 

nwiafan

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Dec 22, 2008
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I’m not trying to duck responsibility at all, that’s why I gave him my number and email address that immediately after it happened. My dad was holding the tent while I went to get the stakes. Just wanted to see if anyone had run into a similar situation over the years.
 
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BillyClone

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I’m not trying to duck responsibility at all, that’s why I gave him my number and email address that immediately after it happened. My dad was holding the tent while I went to get the stakes. Just wanted to see if anyone had run into a similar situation over the years.

It's not your responsibility to file a claim - it's his. Tell him to file a claim with his auto insurance company. He signed a contract with them to report all damage done to his vehicle. It is their responsibility to determine next steps. If they want to pursue you, fine. Give them your homeowners insurance contact information. Don't offer money. You said the estimate was higher than expected - you have no idea if the repair shop and the other guy are in collusion. Don't try to handle this yourself. Let the insurance companies handle things.

Yes there is a possibility that he will be out his deductible if his auto insurance company decides not to pursue you, but that's a choice he made when he signed his insurance contract. If he has a $500 deductible, then he was willing to assume $500 worth of risk for damage to his car, whether it's a deer running onto the road, an uninsured driver t-bones him, or a tent goes flying into his vehicle. You owe him nothing more than the insurance companies decide. He received the benefit of lower premiums due to choosing a deductible. Don't let people on here make you feel guilty. Most people on here don't understand insurance contracts and insurance law.
 
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BCClone

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Not exactly sure.
I’m not trying to duck responsibility at all, that’s why I gave him my number and email address that immediately after it happened. My dad was holding the tent while I went to get the stakes. Just wanted to see if anyone had run into a similar situation over the years.
I don't think you are, sorry if my response was interpreted that way. It was more directed at the other people who basically showed their colors of shirking responsibility. Trade names and insurance info and let that take it's course.
 
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jonnyb21

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Apr 18, 2006
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It's not your responsibility to file a claim - it's his. Tell him to file a claim with his auto insurance company. He signed a contract with them to report all damage done to his vehicle. It is their responsibility to determine next steps. If they want to pursue you, fine. Give them your homeowners insurance contact information. Don't offer money. You said the estimate was higher than expected - you have no idea if the repair shop and the other guy are in collusion. Don't try to handle this yourself. Let the insurance companies handle things.

Yes there is a possibility that he will be out his deductible if his auto insurance company decides not to pursue you, but that's a choice he made when he signed his insurance contract. If he has a $500 deductible, then he was willing to assume $500 worth of risk for damage to his car, whether it's a deer running onto the road, an uninsured driver t-bones him, or a tent goes flying into his vehicle. You owe him nothing more than the insurance companies decide. He received the benefit of lower premiums due to choosing a deductible. Don't let people on here make you feel guilty. Most people on here don't understand insurance contracts and insurance law.
So if it was your truck you wouldn’t expect the other guy to pay? I call BS in this. So the guy should file a claim and not only pay a deductible but also risk his premiums going up? Nope. Also, a contract for insurance does not require you to file a claim or report all damage. No where in an insurance policy does it say that.
 
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Tazzels2Fers

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Aug 31, 2017
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Sue the tent manufacturer..... Sue the guy next to you for damaging your tent... Sue your Dad for something...
 

BillyClone

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So if it was your truck you wouldn’t expect the other guy to pay? I call BS in this. So the guy should file a claim and not only pay a deductible but also risk his premiums going up? Nope. Also, a contract for insurance does not require you to file a claim or report all damage. No where in an insurance policy does it say that.

Oh boy.

Look I’m not going to get nasty with you because a lot of people don’t understand their car and home insurance policies, but you are wrong and emphatically calling BS on me won’t make you right. I’ll try to help you understand.

When you agree to an insurance policy what you are doing is saying, “if some kind of damage occurs involving me and my car, I want the insurance company to handle everything - payment to others for things that are my fault, payment to repair my car, legal representation, etc.” and in order to get the insurance company to agree to this, you are willing to pay them a premium and agree to certain provisions.

One of those provisions, if you carefully read your policy, is under a section labeled “Duties After An Accident Or Loss”. (On the ISO policy form it’s Section E, but insurance companies who create their own policy may have it located elsewhere). In that section should be some kind of wording along the lines of:

A. We must be notified promptly of how, when and where an accident or loss happens. Notice should also include the names and addresses of any injured persons and of any witnesses.

Basically, you must report any accident, regardless of fault, to your insurance company. You agreed to that when you agreed to the policy.

When you agree to the auto policy, you are giving up your right to handle your own claims. Therefore, you are legally required to report any claim involving your car.

So, to answer your question, “no” I don’t expect the owner of the tent to pay for damage to my truck. I expect my insurance company to pay for damage to my truck - that’s what we agreed to in my auto insurance policy.

As well, if I don’t want to pay my deductible, then I should get the $0 deductible option for my policy. Otherwise, I should know that with any deductible I am telling the insurance company that I am willing to share a portion of any loss to my vehicle.

And finally, comprehensive losses shouldn’t affect your premium amount. The only thing that can affect your premium levels are driving violations and at-fault accidents, neither of which occurred in this tent fiasco.
 
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BCClone

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Not exactly sure.
Oh boy.

Look I’m not going to get nasty with you because a lot of people don’t understand their car and home insurance policies, but you are wrong and emphatically calling BS on me won’t make you right. I’ll try to help you understand.

When you agree to an insurance policy what you are doing is saying, “if some kind of damage occurs involving me and my car, I want the insurance company to handle everything - payment to others for things that are my fault, payment to repair my car, legal representation, etc.” and in order to get the insurance company to agree to this, you are willing to pay them a premium and agree to certain provisions.

One of those provisions, if you carefully read your policy, is under a section labeled “Duties After An Accident Or Loss”. (On the ISO policy form it’s Section E, but insurance companies who create their own policy may have it located elsewhere). In that section should be some kind of wording along the lines of:

A. We must be notified promptly of how, when and where an accident or loss happens. Notice should also include the names and addresses of any injured persons and of any witnesses.

Basically, you must report any accident, regardless of fault, to your insurance company. You agreed to that when you agreed to the policy.

When you agree to the auto policy, you are giving up your right to handle your own claims. Therefore, you are legally required to report any claim involving your car.

So, to answer your question, “no” I don’t expect the owner of the tent to pay for damage to my truck. I expect my insurance company to pay for damage to my truck - that’s what we agreed to in my auto insurance policy.

As well, if I don’t want to pay my deductible, then I should get the $0 deductible option for my policy. Otherwise, I should know that with any deductible I am telling the insurance company that I am willing to share a portion of any loss to my vehicle.

And finally, comprehensive losses shouldn’t affect your premium amount. The only thing that can affect your premium levels are driving violations and at-fault accidents, neither of which occurred in this tent fiasco.


Comp claims don't affect your insurance, unless you have more than one in three years. Then it jacks up it, happened to me twice.
 

BillyClone

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Comp claims don't affect your insurance, unless you have more than one in three years. Then it jacks up it, happened to me twice.

What were the comp claims? (If you don’t mind sharing)

Honestly, I’d check out other carriers if that were the case. There are many that don’t charge for comp claims, regardless of number.
 

BCClone

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Not exactly sure.
What were the comp claims? (If you don’t mind sharing)

Honestly, I’d check out other carriers if that were the case. There are many that don’t charge for comp claims, regardless of number.


Wild animals was the first (damaged equipment). Second was a lightening strike. Other time was auto and it was deer and hail.