Foul Ball Breaks Windshield - Who Pays?
- Thread starter ICCYFAN
- Start date
One quick side note. If it's a rock that hits your windshield then there will bne no way to prove where it came from. Even if you are following a gravel truck that is fully loaded and no cover, it's going to be hard to prove anything.
Now, if a chair that they are hauling falls off and hits you then it's an entirely different story.
If he can prove inherent responsibilty that is was your kids ball, you only additional hope may be to check with either the park itself or the league using the park to see if they carry coverage...?
Highly doubtful, because of costs, risks, and claims but they may....
Good Luck....and once again....It Sucks!
Highly doubtful, because of costs, risks, and claims but they may....
Good Luck....and once again....It Sucks!
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I too had heard that if a truck kicked up a rock and it hit your windshield that they were not responsible however, if it is a semi truck, dump truck etc and it does not have proper mud flaps they still may be responsible... Not long after I heard that my car got hit by a rock from a truck with no flaps, I called the number on the back of the truck, told them the story and there was a windshield repair car at my work in less that two hours, no bill, no questions asked.
Yes and no. You could technically prove that the rock that hit your windshield was of the same exact makeup as those in the back of the truck using scientific means, but that may be a little costly
It really comes down to the other person trying to fight back if you say it was from their truck. In the end, your company would pay you and they'd go after the truck owner's insurance company via subrogation.
Yes and no. You could technically prove that the rock that hit your windshield was of the same exact makeup as those in the back of the truck using scientific means, but that may be a little costly
It really comes down to the other person trying to fight back if you say it was from their truck. In the end, your company would pay you and they'd go after the truck owner's insurance company via subrogation.
More than likely, if I sent a subrogation letter, I'd be told to fly a kite. It's not worth sending to arbitration. So, we'd probably have to let it drop.
If we did send it to arb then I've got a pretty good idea that we'd get shot down.
Exactly. The amnt is so incredibly small to the insurance companies that it's not worth it. Obviously it's a lot of money to us common folk but we hardly matter:wink0st:
I am a lawyer. Here's the advice I'd give you if you came into my office. Ignore this jerk. You are absolutely not liable for his cracked windshield. Unless he has some evidence your son purposefully or recklessy "aimed" his foulball at his car, then he's out of luck. There's simply no negligence here, and regardless, he certainly knew there was a ballgame going on when he parked there, and thus assumed the risk his windshield would get struck.
I expect he'll get his windshield replaced by his comprehensive auto coverage and he's attempting to recover his deductible from me or from my homeowner's policy. For the record, I've checked my policy and I do have "Damage to Property of Others" coverage - Section II - Additional Coverages - Paragraph C.
I don't want to turn it in as a claim and I don't want to pay it out of pocket; I hope the darn thing just goes away. It's pretty simple to me - why can't I find precedent that says it's his fault for parking in a stupid spot!?! My son did nothing wrong, other than to foul off a pitch that he should have driven into the left-center gap! :wink0st:
Do not claim it, it is not your fault..............
I am also a Insurance Agent in Iowa, and I happened to be working on a claim when I read this thread, so I asked on of our claims reps. I work for the largest auto insurer in the United States, and she said that you have no liability to cover that window. The party parking in that lot next to a baseball game is taking a risk that there may be a hazzard (Foul ball) hit his car. She said it was just like a rock chip in a windsheild there is no liability from the car that kicked up the rock because it is just an every day hazzard. Tell the guy to go fly a kite, and claim it under his own insurance, or just pay for it. Good Luck. All your agent needed to do was call his claims office to see what the would do, and it would have taken alot of strain off your shoulders. The one thing I would say is find an agent or an agents office that you are comfortable with and stay with them.
I am also a Insurance Agent in Iowa, and I happened to be working on a claim when I read this thread, so I asked on of our claims reps. I work for the largest auto insurer in the United States, and she said that you have no liability to cover that window. The party parking in that lot next to a baseball game is taking a risk that there may be a hazzard (Foul ball) hit his car. She said it was just like a rock chip in a windsheild there is no liability from the car that kicked up the rock because it is just an every day hazzard. Tell the guy to go fly a kite, and claim it under his own insurance, or just pay for it. Good Luck. All your agent needed to do was call his claims office to see what the would do, and it would have taken alot of strain off your shoulders. The one thing I would say is find an agent or an agents office that you are comfortable with and stay with them.
Advice from an agent, claims rep and a lawyer.
Cyclone Fanatic - your one-stop-shop for legal and insurance advice!
Nicely done folks, seriously.
Cyclone Fanatic - your one-stop-shop for legal and insurance advice!
Nicely done folks, seriously.
another similar situation happened to my brother-in- law's family...
My nephew tries to replay the golf commerical with a shopping cart in the parking lot...(these guys are good)....
He pushes the cart toward the cart rack trying to get it to roll in by itself, it goes off line scraps a car door....guess who was responsible and who had to pay, the 12 year old kid was not trying to scrap the car, but he had inherent responsibility...
Good Luck
Maybe play hard ball and the guy will not fight it , if he does my experience you are out of luck..
My nephew tries to replay the golf commerical with a shopping cart in the parking lot...(these guys are good)....
He pushes the cart toward the cart rack trying to get it to roll in by itself, it goes off line scraps a car door....guess who was responsible and who had to pay, the 12 year old kid was not trying to scrap the car, but he had inherent responsibility...
Good Luck
Maybe play hard ball and the guy will not fight it , if he does my experience you are out of luck..
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The cases out there all deal with people who were struck at a baseball game who sued the stadium or the city that owned the ballpark.
Exactly. A plaintiff in a tort action needs to find some sort of fault or negligence. Clearly a batter in this situation has none, so enterprising plaintiff's attorneys need to look elsewhere. So, they sue the stadium owners or field operators, making such claims as "the netting protecting the fans was inadequate or defenctive," or "I was not warned adequately of the danger of being hit."
Dudley v. William Penn College, 219 N.W.2d 484 (Iowa 1974).
Arnold v. City of Cedar Rapids, 443 N.W.2d 332 (Iowa 1989).
Scalco v. Des Moines Semi-Pro Baseball 2000 WL 1826045
Again, don't give this guy the time of day if he pesters you again. He's just trying to scare some $$ out of you. Tell him to deal with his own insurance carrier.
this issue is all about personal responsibility. common sense tells us that this is clearly not your (or your son's) fault, and certainly not your responsibility to pay for the windshield damage. Although I'm not a legal expert, it would be my guess that a court would side with common sense as well.
My suggestion is to call the man, simply explain that it was accidental and that he parked his car in harm's way. Tell him that you're not responsible for the damage and that you're not going to pay for his windshield and that's all there is to it. I would venture to bet that this would be the end to your problem.
My suggestion is to call the man, simply explain that it was accidental and that he parked his car in harm's way. Tell him that you're not responsible for the damage and that you're not going to pay for his windshield and that's all there is to it. I would venture to bet that this would be the end to your problem.
Don't call him. Don't say anything to him. Make him do all of the work. He's looking for your money. Your not looking for his. Don't do anything for him. Don't go out of your way. The less that is said, the better.
When people talk they make mistakes and you don't want anything to be held against you.
In order to be legally liable for his window, there is some act that you or you son would have had to do that was negligent. There was no such act, therefor you are not legally liable.
In courts, it would be considered an Act of God and the owner of the car would be responsible, and his comprehensive deductible will cover the damage.
This is also true for the golf course, in case you ever put a ball through some one's windshield.
In courts, it would be considered an Act of God and the owner of the car would be responsible, and his comprehensive deductible will cover the damage.
This is also true for the golf course, in case you ever put a ball through some one's windshield.
I definitely would NOT pay. As others have stated, he assumed responsibility when he parked near a diamond. Plus your son was not negligent or intentionally caused the damage. In all instances I have known of, cars at the ballpark were parked at their own risk.
