Foul Ball Breaks Windshield - Who Pays?

[SuperCy]

Lastly, I had no intention of retaining an attorney to represent me. Do people do that for $500 in small claims court? I'm more than capable of presenting this case; it's pretty simple at face value.

Your limit in Iowa is $5,000.00. Anything under that is Small Claims. There is a 5 year statute of limitations on property damage.

Remember, if he sues, you may get stuck with the costs as well. That means the filing fee of $50 plus what it would cost to serve you. So, it could be another $100 or so. You may want to consider that as well. If you lose you could pay more.

I don't see how he can prove it if he didn't actually witness it. He would have to get the person who actually witnessed it to testify for him.


I do this all the time for work. It's usually $1000 or more.

Out of curiosity, who do you have for an insurance company. Don't worry, I'm not an agent trying to get a sale. There's just a few companies that have reputations.

 

[joepublic]

There have to be court decisions on this issue. It has to happen many times over the course of baseball and softball seasons. If precedent is against you, pay the butt munch.

 

[isugcs]

You have got to be kidding me!

Boy, I have a HUGE crack in the windshield of my ranger right now and it really needs to be replaced, but why should I have to pay for it myself? But wait! You guys have given me a GREAT idea! I'm going to be a GIANT jack hole and fix that problem right away... because everyone knows if someone hits a ball into my windshield it is in no way my fault.

Anyone know where the closest baseball game to Nevada is tonight???? What a creep! I wouldn't have given him the time of day.

 

[keepngoal]

Thoughts:

1) this guy is a hawk fan, no doubt
2) You shouldn't be liable. Since I can remember, my dad would ALWAYS park as far away as possible for softball and baseball games.
3) Document, document and document all conversations and thoughts
4) Small claims court is easy enough to defend yourself. In fact, from the way it sounds at CF.com, a few lawyer 'types' will give you advice that could very easily make it a slam dunk.
5) Prepare for Small Claims Court like a final for a communications or debate class, and you will do fine (first hand experience).
6) Stand your ground and don't worry about the small court costs (if you loose, even though I doubt you will), you are showing your son many things from the accident. A) stand up for yourself. B) take your son to court on the day, it is a very good lesson in civics. C) respect the rule of law from the decision.

This could be a very good learning opportunity for your son.

Good luck and please keep us posted and be sure to use your CF.com resources!!!

- keep.

 

[CYdTracked]

No one in today's society ever wants to take responsibility it seems like so when something bad happens it's always someone else's fault.

I'd say refuse to pay it and see if he has the guts to take you to small claims. Can't imagine he has any good witnesses plus like you said more than 1 foul ball was hit that way so may not even been your son's ball. I'd think there'd be enough flaws in this kind of situation plus like other's said there is probably a precident for this thing that I would think odds are in your favor. Our parking ramp at work has signs posted that the company is not responsible for damaged or stolen vehicles so I'm sure in this case they same rules would apply in a public parking lot.

 

[ICCYFAN]

OK, here's the deal. By parking there, the owner of that car is taking the risk that something may or may not happen. There is always an inherent risk that something might happen. It is his responsibility to make sure that his car is safe and out of the way. If something were to happen, then so be it.
If it were done on purpose then it is an entirely different story.

Now, under most homeowners policies there is a Damage to Other Peoples Property provision. Most of the time there is a set limit on how much that can be. Usually the limit is $500 or $1000. Not much. Most of the time they are just small claims that get turned in. Like you're kid running into a parked car while they were riding their bike.

You can turn it into you agent and there is nothing saying that your company will pay out under your policy. There is a chance that they will deny the claim based on the vehicle's owner's lack of due diligence. Now, if your insurance company denies him and he sues you in small claims then your insurance company is contractually bound to represent you at no cost to you. That's what you pay your premiums for.

If you decide to let him take you to small claims then who knows what will happen. I'd think that you have a pretty good shot. Especially if you have witnesses as to where it was parked. If it does come to this, take photos, diagram interview witnesses, have them testify in your behalf. It can be beaten.

If you have any other questions, PM me. I work claims and have seen things like this on more than one occassion. Just know that this is not legal advice. :biggrin9gp:

You've cut right to the heart of the matter. For the sake of argument, let's presume that my son's foul ball did take out his windshield and while he didn't see it, he has several spectators willing to sign a statement to that effect. I don't want to hang my hat on, "prove it was my son's foul ball" as it probably was...

Following the "confrontation", I did have the presence of mind to take digital photos of his auto's parking spot in relation to the backstop, so I can prove that he knowlingly parked in harm's way. Or at least that a reasonable person would have recognized it as being in harm's way...:wink0st:

My first inclination was to turn it in to Allied for the reasons you detailed, but that was when I assumed they'd automatically "decline" the claim. Now I fear they'd pay it under the Damage to Property of Others coverage, even though my son has no liability (not required under this form). As a real live claims adjustor, would you deny it?

Thanks for your thoughts...

 

[ISUFan22]

This thread is yet another illustration why...

1. CF rocks.
2. There should be laws allowing the hazing of stupid people.

 

[CyinCo]

I haven't read every post here, but I really can't believe this can be your (or your son's) fault. There is a accepted amount of risk being taken by the car owner to park near the playing area. This is different that if your son had hit the ball through your neighbors window while playing in the backyard. In that case, your neighbor never accepted any risk from flying balls.

I'd tell him you aren't paying. Be nice about it. And then go to small claims if necessary to defend your stance here. You have two things going for you:

1) There is no proof your son's ball actually broke the window.
2) There is an accepted amount of risk by the car owner to park where he did.

 

[joepublic]

Post your question here: Homeowner's Insurance Liability - WORLD Law Direct Forums

Maybe an attorney will bite.

 

[CYdTracked]

Here's another thing, of the people that were watching did he get any of them to sign something before they left? How can he be sure exactly whoe the people in the stands were that day now if he didn't? If he didn't know you were the father of the kid can't imagine he knows many of the other people either.

 

[Raymeus]

I'm a lawyer & I haven't read all the responses (so I apologize if this is repetitive), but I doubt he can prove it was your son's foul ball that hit his windshield and without that proof, there is no liability. For all you know, his windshield could have been cracked before he arrived at the game.

 

[ICCYFAN]

Thoughts:
1) this guy is a hawk fan, no doubt

The tournament was in West Branch, about five miles from Iowa City and three of four teams were IC-based. I guess this's what I deserve for living here....:sad9cd:

His Trailblazer had Marshall County plates and two stickers in the back window, namely Iowa City Regina and Notre Dame! I'm guessing him in his mid-50's, so he's probably a grandfather to one of the boys playing.

If he did accept my invitation for small claims court, where would it be? West Branch is in Cedar County. He couldn't bring action in Marshall County, could he?

As for 22's question about his "bad attitude", yeah, it's most definitely steeled my resolve to fight it. Even so, it's a principle issue so I doubt that I'd have ponied up even if he'd been decent about it (which is moot because he wasn't).

 

[thunderdave]

Speak with your insurance agent again and explain to him the service you expect and demand or he can risk losing your business.
Agents and insurance companies need to be able to provide customer service that doesn't always include paying claims.

 

[trueclone2]

I remember a Biz Law class that we discussed some of this. With the car getting hit is along the same lines if a spectator was hit in the stands by a foul ball. You bought the ticket, you chose to sit there, you are assuming risk of being hit.

Same thing with parking car. You drove the car, you decided were to park with knowledge of what was around you, you assume risk for your decision for parking were you did.

It is also the same principal when you park under a tree during a thunderstorm. If the wind knocks the tree over and breaks the windshield are you going to sue the people that planted the tree? You parked it there you assumed the risk.

 

[ISUFan22]

Agents and insurance companies need to be able to provide customer service that doesn't always include paying claims.

Exactly. Hence the reason we're still with the originally insurance agency I had when growing up. They're located in eastern IA, yet I can't switch because they give me/us phenomenal service. They seem pleased to hear from us when we call, mail us any forms we need to sign promptly, go to bat for us when we need them to (including working with the insurance company to comply with a request), etc.

I couldn't be happier with our insurance agency.

 

[ICCYFAN]

Post your question here: Homeowner's Insurance Liability - WORLD Law Direct Forums

Maybe an attorney will bite.

It costs $9.95 to post a question and get an answer from a real attorney. I'll do it if this issue does proceed further. Thanks for the link anyway...

 

[jbhtexas]

I remember a Biz Law class that we discussed some of this. With the car getting hit is along the same lines if a spectator was hit in the stands by a foul ball. You bought the ticket, you chose to sit there, you are assuming risk of being hit.

The car getting hit is not necessarily the same as someone in the stands getting hit. Usually when you buy a ticket to a baseball game, there is a little disclaimer somewhere stating that by using the ticket to enter the ballpark, you accept the risks involved and waive your right to seek remedy for any damages or injury. Parking passes for sporting events also usually have damage waivers. However, these waivers don't preclude a civil lawsuit in the case of damage or injury. Anybody can sue, and if neglegence can be shown (i.e. a defective foul ball screen behind home plate that allowed a foul ball to slip through), damages will probably be awarded.

Same thing with parking car. You drove the car, you decided were to park with knowledge of what was around you, you assume risk for your decision for parking were you did.

Sounds good, but that's not the way it works...

 

[Jer]

Speaking as a licensed insurance agent... (and the laws are still open to interpretation so this varies from state-to-state and by stingy agents and claims processors)

1. - The auto insurance company of the person who's property was damaged could "try" to deny the claim for "negligence" where they parked in an area known to be at high risk of causing injury to one's property. Most likely the company would just pay the claim minus the comprehensive deductible.

2. - Your homeowners insurance company "could" deny paying the claim for the third-party because of the above reason and because you may not have a rider covering damage to the property of others.

3. - You probably wouldn't want to file it on your homeowners anyways as your potential increase in rates at renewal time could offset any short term out-of-pocket savings by going through the insurance company.

Speaking in terms of "items" hitting windows and who's at fault in regards to the highway...

If the item that caused the damage was witnessed to have come out of the truck in question, the truck owner is liable. If the item was kicked up off the road because of the truck, then nobody is responsible since it's an "act of god". In either case, your insurance company would pay under the comprehensive side of your policy and then, if warranted, go after the truck owner in example one, or nobody in example two.

 

[bos]

I'm with the majority - he can't prove within a reasonable doubt it was your son's ball - he as no case.

I'd venture to guess if the guy was a bit more polite about this and proposed say - a 50/50 solution - you'd be more receptive to it. But, he isn't. And even then, I think it's 100% his responsibility.

To me, this seems like the silly McDonalds hot coffee case. Sadly, that idiot won.

Uh oh, dont bring up that McDonalds thing. Lawdog is on here and he will fight you on that one!

 

[keepngoal]

This thread, although a headache to one CF.com member, is awesome.

I am sorry you are going through this... but I have bookmarked this thread.

- keep.