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Discussion Starter #1
So we are at a motocross track and a buddy's (former I should say) EZ UP flew onto my truck (he didn't have it tied down at all) and caused $1500 worth of damage, depending on what estimate you go by. I don't get his insurance info because I figure we are buddies and he will take care of it.

He gives me his email and fax number to send the estimates too and for a couple months I can't get hold of him and he keeps avoiding me..I finally get hold of him and he tells me that his truck got damaged so he will pay for his and I can pay for mine. WHAT?!?! I told him it wasn't my canopy that hit either of our trucks......I didn't even have one there. He says too bad he isn't paying for it and it wasn't his canopy either. He then tells me it was a buddy that left.

What should I do? I called my insurance and they said I could file a claim but it would go against my ded. I called his insurance and they said it was not his responsibility since it was an act of nature (the wind).
 

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awpooponya
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5,700 Posts
Wow...that sucks!:frustrating:
 

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Premium Member
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2,699 Posts
Ahh yes, the insurance companies. Did you fully explain
to your insurance company what happened? You would
think they would be eager to go after his insurance
company for the money so they don't have to pay it.

They don't seem to ever want to listen to all the details,
such as his recklesness of not tying it done causing
the problem to begin with. It's like they have a script
in front of them and they just read you their mundane
response to what happened without taking into
consideration to all the variables involved. I would try
your insurance company again. If you don't get the
answer from the person you talk to ask for a supervisor.

Also, do you have insurance right through the company or
do you have an idependent agent? If you have an
agent they'll generally go to bat for you as they don't
want to lose your business, whereas a mega insurance
company could probably care less.

If all else fails, this is what they have lawyers for. I'm not a
proponent of the "I'm suing mentality", but there is a place
for it in society, especially if you've exhausted all other avenues.
I wouldn't worry too much about the friendship, because it
doesn't sound like one existed in the first place, at least not
on the other person's part. Good luck to you.

John
 

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Premium Member
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2,699 Posts
I meant to say "tying it down" not done.

John
 

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Don't argue with an insomniac.
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5,568 Posts
I agree with ^^

but

Suing isn't worth your time and $$ for $1,500. If he sticks to his script "It's not my tent" and his friend says he expected he would take it down or whatever, it becomes a mess that will take a lot of time & energy and you're no further ahead.
 

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Premium Member
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2,699 Posts
I agree with ^^

but

Suing isn't worth your time and $$ for $1,500. If he sticks to his script "It's not my tent" and his friend says he expected he would take it down or whatever, it becomes a mess that will take a lot of time & energy and you're no further ahead.
Correct. I didn't take into account the $1,500. Perhaps small claims
court? I hear that can be a pretty cheap alternative. The biggest
problem with this aside of having to pay for something that shoudn't
be your responsibility is how the insurance company will treat you
when it's time to renew your policy.

Here in Massachusetts your points will go up and you'll be paying a surcharge
for I believe 7 years which amounts to quite a bit. I've gone before the
surcharge board twice to dispute my being at fault and have been found not
at fault, thus erasing the surcharge and any negative points, but I still
had to pay for the repairs. They're generally understanding with situations
such as this one.

John
 

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Resident Curmudgeon
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5,211 Posts
As previously mentioned, Small Claims is where you want to go if you opt to file suit. It is pretty easy to do (w/o a lawyer) but you will have a filing fee and process server fee, out of pocket. Your court system may then make you guys go to arbitration. Regardless, if you prevail in court, that does not put actual CASH in your pocket. You merely get a Judgment and there is no real teeth in the system to force him to pay.

If you cant get your insurance to help, then add up your additional costs for Small Claims (non-recoverable) and decide if it is "the principle" that drives you.

Good luck.
 
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