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Question DetailsAsked on 2/4/2016

My neighbor has stored a canoe on top of her car a tree fell on canoe damaging my car. She refuses to pay damages.

My neighbor's canoe damaged my car. Although she is 100% responsible I made a claim through my insurance. Obviously she is trying to get out of paying me $ for the damages because she is making a fool of herself trying to cover up her mess and telling the neighbors things about me that are not true. Having the neighbors trade parking spots with her. I do not want $ from her. I want her to stop behaving like a lunatic. Am I going to have to file a defamation of character lawsuit just to shut her up? I have done nothing wrong. She is on the HOA Board and no rules apply to her. She has stored a canoe on top of her car for awhile now. A tree fell on top of the canoe launching it into the side of my car. She is acting like there was no damage to my car - that the big, deep dent was already there. I do not need her money nor do I want it. Why can't she just admit that she's at fault.

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2 Answers

-1
Votes

Don't see why you filed through YOUR insurance - could raise your rates plus will be subject to your deductible, where a claim through HER insurance would not raise your rates nor would YOU pay the deductible - she would.


If you do not want $, why the fuss - sounds like you have a long-term feud or gripe with this person and this is just one more thing to tic you off - suing her might give you some gratification but is it worth the maybe $10,000 or so it will cost you ? Not to mention, fueling the flames between you too to lead to more future issues.


I would say either drop it, pursue the $ insurance claim (I guess through your company since you have filed with them already), then either clam up (and be more careful about calling people lunatics), or move to get away from her.

Answered 3 years ago by LCD

-1
Votes

You and your neighbour are getting stuck in mental traps and can not see who the responsible party is. This is not your neighbor's fault, and you are not responsible for the damages. Because you and her are playing blame games, you both are missing the responsible party. Just because she put a canoe on the roof of the car does not make her responsible for every repercussion in life. Next trap, just because we have insurance on a car, does mean that insurance should be used to cover the damage of the car. Now different states have different laws. However the vast majority of the states the responsible party would be the property of the tree.

The claim should have been filed against the insurance company, insuring the property for all damages the tree caused when falling. Most likely you will find that tree was covered by the HOA Board.

So stop trying to get her to admit she is at fault, and check the insurance coverage from the HOA.

Answered 3 years ago by jephk




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