Property damage via auto accident question.

[trailboss]

Auto insurance should not pay, it is home owners and make sure you get everything for shrubs, grass, trees anything that was damaged and after all that you may not want to file anyway.

Incorrect. Auto insurance would pay except in this case the vehicle was apparently not insured. But, assuming the vehicle was insured, the liability coverage on the car would pay for damages caused by a permissive driver. Now, if it was stolen - there is no liability on the part of the owner. He cannot be held liable for damage caused by the theif.

But let's assume another scenario. Assume the vehicle is not insured and the driver did have permission to use it. As mentioned above, the vehicle's coverage generally comes into play first but in a situation where there is no insurance on the vehilce, the driver's insurance would come into play. In this case I'm sure the chances are pretty good that the driver doesn't have any auto insurance either.

Homeowner's insurance could step in and pay on this claim if it turns out neither the driver or the vehicle is insured but as has been mentioned, most homeowner policies have a large deductible and the damages my not exceed the deductible. Also keep in mind that a replacement cost endorsement does not apply to fences. They are paid at Actual Cash Value (ACV), in other words - subject to depreciation. After deductible and depreciation, you may not recover much, if any at all.

Coverage on ornamental trees and shrubs is limited (very low amount) so don't expect to recover a lot on such items. Actually I'm not even sure the coverage extends to field trees and fences.

Trailboss

[scotth89]

[Atfulldraw]

You're in the neighborhood of $1,300.00,

about $20 a foot plus cleanup.

FYI......

[Tmag]

I guess I will explore that option first, as I do have Farm Bureau.

Be careful with the Farm Bureau claim. Dewayne at Campbell was a client for 30 years and filed his first auto claim last year, they canceled him this year. He uses Farmers now.

[Scout]

Incorrect. Auto insurance would pay except in this case the vehicle was apparently not insured. But, assuming the vehicle was insured, the liability coverage on the car would pay for damages caused by a permissive driver. Now, if it was stolen - there is no liability on the part of the owner. He cannot be held liable for damage caused by the theif.

But let's assume another scenario. Assume the vehicle is not insured and the driver did have permission to use it. As mentioned above, the vehicle's coverage generally comes into play first but in a situation where there is no insurance on the vehilce, the driver's insurance would come into play. In this case I'm sure the chances are pretty good that the driver doesn't have any auto insurance either.

Homeowner's insurance could step in and pay on this claim if it turns out neither the driver or the vehicle is insured but as has been mentioned, most homeowner policies have a large deductible and the damages my not exceed the deductible. Also keep in mind that a replacement cost endorsement does not apply to fences. They are paid at Actual Cash Value (ACV), in other words - subject to depreciation. After deductible and depreciation, you may not recover much, if any at all.

Coverage on ornamental trees and shrubs is limited (very low amount) so don't expect to recover a lot on such items. Actually I'm not even sure the coverage extends to field trees and fences.

Trailboss

TB, I was referring to his auto insurance as I think others hinted.

[Humper]

You should of chained the car to a tree and told the owner..you get the vehicle when I get the cash for the fence

[Scout]

After seeing the pictures, I would not file a claim. I would go after the individual.

[trailboss]

TB, I was referring to his auto insurance as I think others hinted.

Ah okay - that makes sense then.

Trailboss

[Tmag]

What you doing building fence that close to the road in Montgomery county anyway Scott. You know how them drunks are in your neck of the woods. I still don't see how neither of the girls in the car didn't get hurt.

I think you might have a piece of your fence in the back seat.

[cosmiccowboy]

I had a similar thing happen at my business. A car ran off the road and did $10,000 of damage to my fence/building. I was there within 30 seconds as the driver was getting out of the car. The car was buried in my fence and totaled. He was an illegal alien. He did not speak English. He did not have a drivers license. He did not have insurance. The policeman wrote him a ticket for driving without a license and driving without insurance. By that time he had called a friend and I got to stand there and watch him get driven away. I asked the policeman why he didn't arrest him...he told me that he wouldn't be able to get his (totaled) car back until he paid the tickets...I asked him...well what about my fence? He just looked at me like I was stupid and said..."Don't you have insurance?"...

[scotth89]

What you doing building fence that close to the road in Montgomery county anyway Scott. You know how them drunks are in your neck of the woods. I still don't see how neither of the girls in the car didn't get hurt.

I think you might have a piece of your fence in the back seat.

I know what you mean. I built the fence because my house got broke in. Now I can't keep the fence up due to the drunks.

That board sticking out of the front of the vehicle went all the way through to, and almost opened the glove box on the passenger side. It appears that another one went through the windshield all the way through the vehicle and out the rear windshield.

They ended up shearing off 8 4x4 post buried about 2' in the ground.

I'm not sure how neither of them were hurt. There was no blood in the car or anything to make you think they were hurt.

I think my best bet is to go after them in civil court. No answer from the owner as of yet.

[Tmag]

Small claims if it's under $5,000. I have won in Montgomery county and Harris county. They probably won't show up and you will get your judgement. The state does send out questionaires asking if your damage was paid for by the guilty party and will take action against them until it's paid.

[EddieHoward]

Small claims is now up to $10,000.