Sign fell off my daughter's car's roof...who's liable?

[adjusterjack]

But a HO3 policy will cover all physical damage unless it’s excluded. I don’t see Act of God is excluded in the policy. Wind and hail are also Act if God and they are both covered. ?

Yes, Newby's damage was covered under their own property insurance. To collect from the sign owner there would have to be proof that the sign owner was negligent. High winds would make that difficult.

The damage to the original poster's car would be covered by Comprehensive (aka "other than collision") which includes wind, falling objects, and glass breakage.

For the daughter to seek compensation elsewhere she would either have to have a contract that says somebody else pays or she would have to prove that somebody else was negligent in attaching the sign or that the sign was defective.

 

[Allen Trent]

To collect from the sign owner there would have to be proof that the sign owner was negligent

And even then, the sign owner policy would only likely pay the claim at ACV, meaning the Homeowner policy would still be providing the difference to replacement cost

 

[adjusterjack]

And even then, the sign owner policy would only likely pay the claim at ACV, meaning the Homeowner policy would still be providing the difference to replacement cost

True. But if the sign was relatively new there would be minimal depreciation.

 

[Nezha]

Yes, Newby's damage was covered under their own property insurance. To collect from the sign owner there would have to be proof that the sign owner was negligent. High winds would make that difficult.

The damage to the original poster's car would be covered by Comprehensive (aka "other than collision") which includes wind, falling objects, and glass breakage.

For the daughter to seek compensation elsewhere she would either have to have a contract that says somebody else pays or she would have to prove that somebody else was negligent in attaching the sign or that the sign was defective.

Oh I misunderstood.

 

[Al3x Lee]

My daughter works for a national sub sandwich chain that let's say is supposed to be "freaky fast". Today while driving her car to deliver product from one store to another, the sign on the roof of her car came off and busted out the rear glass, and put multiple dents and scratches on her car. Luckily it fell into the car and not on road or hit another car. Her manager is telling her to fix it and they'll maybe reimburse it later. The initial quote for repairs was $4300 minimum. They are not wanting to help at all. Are they responsible since it was their equipment?

Sorry to hear about the extent of the damage. My dad used to call this cost of tuition, paying a hefty price to learn how things work in the world. I'm guessing if your daughter wasn't on a business auto policy the damage won't be covered. I'm curious if Jimmy Johns will step up and pay it out of pocket. Let us know how it turns out!

 

[adjusterjack]

I'm guessing if your daughter wasn't on a business auto policy the damage won't be covered.

Not necessarily. The personal auto policy covers business use to some extent provided that the insurance company knows about it, underwrites it, and charges the appropriate rate.

It's when that use is concealed (intentionally or unintentionally) a claim can be denied and the policy rescinded.