Insurance help

TheClash · #1 02-02-2011, 04:55 PM

So last week, when the wind was trying to blow southern Alberta a few miles to the east my neighbors trampoline, which was not anchored down, took flight, hit my house and continued to flip up over my roof and on towards the neighbor on the other side. I now have a broken off light fixture and about 6 or 7 holes and cracks in my siding. The neighbors have acknowledged that it was their trampoline etc..but when we contacted the insurance company we were told that my insurance will have to pay for it...which means me paying my 1000.00 deductible....this just seems nuts to me that it is me that has to be responsible for this, or am I just off base??

HunterDave · #2 02-02-2011, 04:58 PM

Nope, they're insurance should pay. No, doubt about it.

ÜberFly · #3 02-02-2011, 05:00 PM

I don't think so! You are not claiming against your insurance you are claiming against your neighbors!! You shouldn't have to pay anything!! Speak to someone senior at your insurance company as whomever you spoke with previously is out to lunch!!

P

TheClash · #4 02-02-2011, 05:01 PM

That is what I think, just have to find a good way to approach it. We are good friends with the neighbors..but something like this has the potential to get sticky.

we got very lucky though, the area the trampoline hit has two french doors as well that exit out onto the deck....just inches away from shattering them in on my twins and my wife.

ÜberFly · #5 02-02-2011, 05:01 PM

Dave, of course you mean "their"! LoL

Quote:

Originally Posted by HunterDave

Nope, they're insurance should pay. No, doubt about it.

CaberTosser · #6 02-02-2011, 05:31 PM

Your insurance company can help you with this. They'll know for certain it's your neighbors insurance that should be covering this damage; if they're the same company it shouldn't make a difference, as the claim goes to the neighbors policy. Their expert advice is included in the rates you pay them, so call 'em up! They only up your rates for claims, not advice

Caveat: insurance companies are all CEO'd by Satan himself.

dumoulin · #7 02-02-2011, 05:57 PM

THEY DON'T WANT TO PAY! Speak to them again and mention that your lawyer will bridge and facilitate communication between them and your neibours' insurance company. That will get their attention quickly!

chubbdarter · #8 02-02-2011, 06:10 PM

under negligent law the nieghbour wasnt at fault....unless you want to spend thousands to prove they should of tied their trampoline down
put in the claim to your insurance company
then approach the trampoline people and then ask them to have their insurance company to pay the deductable under the section of the liability policy which is called- voluntary property damage

Jamie · #9 02-02-2011, 06:11 PM

Ok this is what I did to the neighboors.

When our house burnt down the 2stry chimney fell down, crashed through the fence and broke the neighboors basement window. This allowed all the water from the Firetrucks to flood his basement.

His insurance took care of it and I had mine pay for his deductable. They balked at first, but I told them in no uncertain terms that he was not paying it.

So yah, your insurance is responsible. The deductable should be paid by the neighboor. Thats if the nighboors wants to be a stand up kinda guy.

Good luck
Jamie

pottymouth · #10 02-02-2011, 06:42 PM

Quote:

Originally Posted by TheClash

So last week, when the wind was trying to blow southern Alberta a few miles to the east my neighbors trampoline, which was not anchored down, took flight, hit my house and continued to flip up over my roof and on towards the neighbor on the other side. I now have a broken off light fixture and about 6 or 7 holes and cracks in my siding. The neighbors have acknowledged that it was their trampoline etc..but when we contacted the insurance company we were told that my insurance will have to pay for it...which means me paying my 1000.00 deductible....this just seems nuts to me that it is me that has to be responsible for this, or am I just off base??

Same thing happened with a buddy of mine, except it was his garadge port that hit his neighbors house. His insurance said that he wasn't at fault ( act of nature) so they wouldn't pay to fix the house. So my buddies neighbors insurance had to pay for it, and my buddy just paid the deductable, which was everything he could do to be a good neighbor.

ÜberFly · #11 02-02-2011, 07:52 PM

Hmmm...

Anybody that I know that owns a trampoline takes the mat off for the winter, so I would suspect that they are negligent, but that's just me being an armchair lawyer!!

P

HunterDave · #12 02-02-2011, 08:06 PM

Quote:

Originally Posted by ÜberFly

Dave, of course you mean "their"! LoL

Yup, my bad. I got all excited when i read the OP.

HunterDave · #13 02-02-2011, 08:21 PM

I believe that my policy has a $5000 discretionary clause in it where I can elect to claim the damages for something like that happening. Unfortunitely, like you, I have a $1K deductible so I'd just replace the siding and light fixture myself. Siding is cheap and what would a light fixture cost? By what I'm imagining there isn't $1K worth of damage anyway. Maybe your neighbour will offer the cash for the materials and everyone in the neighbourhood remains friendly.

chewydog · #14 02-02-2011, 08:22 PM

Your on the hook, I'm afraid to say!!! A friend of mine had a huge tree in his back yard, it blew over in a storm and landed on his neighbors garage!!!! When he called his insurance he was told they would have to look after it, not him!!! And they were ****ed!!!!

Funny the games they play!

ksteed17 · #15 02-02-2011, 08:38 PM

ill give you the quote to fix the siding... this could work out nicely

, haha but that does suck tho.

TheClash · #16 02-03-2011, 08:12 AM

thanks for all the info guys...my biggest concern is my premiums going up because we make a claim. The neighbors called last night and said they would pay the deductible...which was good to hear...but won't I just keep paying for it over time if I have them pay the deductible, my rates go up as well??

Kyle, I will have Andrea call you, or come over tonight and give us a quote. I am fairly sure it won't even be 1000 bucks to fix it, so maybe insurance doesn't have to be involved.

thank you for all the advice and the pm's guys...good to have so much support on here.

Jamie · #17 02-03-2011, 10:07 AM

Clash, not sure as to the age of the home or if you have vinyl siding.

But watch that it matches up. Vinyl will fade.
As for your insurance going up, It depends on if you have had other claims.
With me, I had 1 prior to the fire. That one didn’t cost me a nickel. The house fire however did.

Jamie

TheClash · #18 02-03-2011, 10:59 AM

The house is only a year old....and actually I have some of the excess siding left over in my garage...not sure if it is able to be used or not....we have been with the same insurance company our whole married life..12 years...and we have never put in one claim, home or auto....hopefully that gets us some brownie points.

HunterDave · #19 02-03-2011, 11:15 AM

They don't usually jack your premium up with only one claim but for relatively minor damage I wouldn't use them. That's why I have a $1K deductible, to cover me for the really big stuff. The rest I just pay for out of pocket.