Insurance help....

[Ch3No2]

I know this isn't about a garage but I have a question for the insurance guru's
My neighbor is a K9 Cop....during this last weekend the winds were very high...60+. His outdoor kennel collapsed and the wind sent his 4' x 8' fiberglass floor in to my driveway hitting both of our vehicles with substantle damage. I have contacted my insurance writer and they will fix it but to keep our rates low we have a 1,000 deductable per vehicle. It doesn't seem fair for us to put out the 2k when the damage was caused by his kennel.
My question...should his home owners insurance cover this?
He is trying to run this through his boss no no avail...please, what are my options
Thanks in advance!

 

[nehog]

Most likely your insurance pays, and then his pays the deductible. To get his to pay all, you'd likely have to fight.

 

[gregp]

Unfortunately, you have to go under your own policy, not his. The wind caused the damage, not him. Unless he was negligent in someway in the construction of the kennel. Similar to having his tree fall down in a wind storm and crush your fence. His insurance does not cover this but yours will. I see this all the time. A good neighbor might pick up or split the deductible with you but is not obligated to do so.

 

[Kevin54]

You should not have to pay a deductible like that. Something like that falls under comprehensive, and normally Comp is you lowest deductible. I his a deer in my "00 Jimmy and did a tad over $6000 in damages. I thought for sure that it would have been totaled, but do to it being as clean as it was with low miles, the insurance decided to fix it. My Comp deductible was only $50 vs. $1000 for collision. So you may want to ask your Insurance company about it again. And if they don't cover it under Comprehensive, then your neighbor should have to cover it, no questions asked.

I'd be giving your agent another call in the morning, and be sure to ask if it is covered either by Comprehensive, or if the other guys insurance will have to. Thankfully, no one was hurt.!!!!

 

[Vegaman_Dan]

Your home owners insurance may actually apply for this over your vehicle insurance.

Yes, you have to pay the deductible, then you go to your neighbor for that reimbursement. Normally your insurance company does this for you. If not, then time to find another company. Since it is for a K9 officer, the city/agency may also be responsible since the damage was caused by equipment maintaining the city property (doggeh).

You will likely have $2K out of pocket temporarily.

 

[Ch3No2]

Just looked at the policy and the Comp deductable is 1000...WOW!
Thought AAA was better than this

 

[FJ 432]

You neighbor was not negligent so therefore he's not obligated to pay anything. It's your auto policy that covers damage to your vehicle and as mentioned before is a comprehensive loss.

 

[FJ 432]

Just looked at the policy and the Comp deductable is 1000...WOW!
Thought AAA was better than this

I would use this as a lesson to lower this for the future. Comprehensive coverage does not cost that much more to lower it to a 100.

 

[Ch3No2]

You neighbor was not negligent so therefore he's not obligated to pay anything. It's your auto policy that covers damage to your vehicle and as mentioned before is a comprehensive loss.

so his construction of the kennel that has fallen over twice in the last year is not negligent?

 

[aandpdan]

so his construction of the kennel that has fallen over twice in the last year is not negligent?

Is a permit required for the kennel? Or an inspection?

 

[Ch3No2]

Good question...I will call building and safety...but it is zoned Ag1

 

[FJ 432]

so his construction of the kennel that has fallen over twice in the last year is not negligent?

I guess I would answer that by saying....prove it. The wind was an act of God.

 

[Ch3No2]

Building & Safety says anything under 120 sq ft needs no permit...kennel was 32

 

[Vegaman_Dan]

I'm betting a call to the city attorney's office to let them know that police property (dog's kennel) damaged your vehicles will result in quick resolution.

 

[Ch3No2]

Excellent idea...Thank You!
Now I know why I am an advocate of outside opinion

 

[maynard9089]

Have you spoken to him about it? Thats where I would begin. Let him do the leg work if the city is going to pay for it. Its easier for him to handle internally.

 

[Ch3No2]

I have and he is very accomodating...but he did say his boss isn't a fan of this...last time it blew over it damaged my fence and he paid out of pocket 450...his pocket isn't that deep for this one...damage is prob 4k

 

[Tweeker]

MAYBE he will bolt it down now? He was out of pocket last time, whats it take?

 

[G_P]

Since this is the second time his kennel has caused damage to your property, you have a good case to show that he was negligent in its construction.

But do you really want to go after a cop and piss him off? I dont see this ending well for you if he decides he is not going to cooperate.

 

[Scott r c]

You know if the roles were reversed he would try and strong arm you into paying the deductible.

 

[drmarkr]

Just looked at the policy and the Comp deductable is 1000...WOW!
Thought AAA was better than this

Your deductible is what you choose it to be. Reflected in the premium, of course, but should be a point of discussion at the time of the initiation of your policy.

A "high" deductible doesn't make the company that wrote the policy "bad".

 

[holdover]

when a deer ran into the side of my miata, the ins company said it was an act of God and it fell under comprehensive and I did not have to pay my 100 ded.

 

[Killer95Stang]

Doesn't matter if it was a K-9 Cop (this coming from a Cop). His property landed on your property causing damage. Since it happened before and he did nothing to prevent it from happening again, then he or the city who provided the kennel is responsible for the damage. Also, press the insurance to only charge for one deductible if you intend on paying. We had an incident where one of our cars rolled back into a second of our cars in the driveway. They tried charging us two deductibles, but I pushed back stating "one accident, one deductible". They eventually gave in and only charged for one deductible.

 

[yeldogt]

Unfortunately, you are responsible for the loss. Be it a tree .. part of a house .. an out building .. anything from any neighbor ... you are responsible. If you sent him a letter stating that the building was a hazard .. still your responsibility. You could try and take him to small claims court ... but this is not an insurance matter.

There are general principals of insurance ... the vast majority of insurance companies when writing policies follow these principles ... occasionally some provisions can be different for marketing reasons and the very best insurance companies handle claims differently based on strange situations ... but this is not one of them.

Some companies do sell auto policies with lower comprehensive deductibles when you have a high collision deductible -- but others don't. Some do handle deer strikes differently then other claims -- most don't. But none of this changes the general principles of who pays for what.

Insurance through AAA -- is a different company in every market ... they buy the insurance and resell it.

I would ask your insurance company if they can treat the auto loss as one deductible ... they don't have to and most likely will not ... but you may get lucky. Always ask.

If you neighbors tree falls on your property and destroys your garden shed and contents -- it's not his fault. Your insurance pay for this loss based on your policy wording. And many (most) policies don't pay to remove the tree.

Point: Most people are under the impression that the other guys insurance pays ... So when I say "fault" and "responsibility" -- I am talking legally. Lots of people go to court thinking they will win .. and don't.

I only had this happen one time -- I paid my neighbors deductible. My insurance company picked-up "most" of the tab for the tree because it did other damage.

 

[May Pop]

I would keep the kennel and sell it for scrap if he does not pay some of the damages.

 

[wasfuzz]

In most areas the kennel is not his, it belongs to the city/county/state, etc as all K9 related cost are paid by the unit of government. Approach the Head of the Department and ask about them paying up. If no luck, time to go to the City Manager/ Admin, etc. If still no luck make a trip to the governing board meeting. But be aware your name may be "MUD" among the rank and file. Do not ever expect to get a break on even a minor infraction. Just Saying!!

 

[May Pop]

Then the neighbor will have to explain to his boss my the damn dog has nowhere to stay.
The police are VERY big on being responsible until they have to be. Worse than thieves.

 

[cdestuck]

I'm thinking you can make out well in your small claims court for your deductible. As this has happened in the past, the owner was aware that it was insecure and he took no to steps fix the situation.

 

[gaston9mm]

Send me a private message and I will see if I can provide you with some advice. I'm a prior handler of 10 years and a Lieutenant with my dept. Not sure what's going on with that department but this should be an easy fix for you if you talk to the right ones. Also if that dept has any integrity your name should not be mud or you should not have any problems at all. Message me and I will be glad to help if I can. I will even provide my phone number if that's easier for you.

 

[Whitworth]

Please check if doggie officer has a rider for personal liability coverage attached to his home owner insurance. If so, it may cover your deductible. Your home owner policy does not apply as most often policy holder vehicles are excluded from coverage.

Good luck

Gary

 

[NUTTSGT]

Locally, if a city vehicle damages your vehicle, they are only responsible by Ohio Revised Code to pay an amount equal to your deductible and your insurance covers the rest. Yes, that's a hit to your insurance but it's a state law.

Since the property belongs to the city, I'd hope something similar would be done. Unfortunately, you do not have your location listed, so state may be different. I'd be at city hall talking to somebody with pictures not only from this incident but of the fence damage too. If they tell you to eat Spam, go to the media, they always love to run these kind of stories.

 

[6768rogues]

I worked for a county government and they set aside money every budget year for nuisance claims. If someone had a fairly reasonable "nuisance" claim that was seeking less than $5000, they simply paid it. It was cheaper to pay it than to gear up the legal department to fight it. Talking to the right people or having a lawyer draft a letter might get you the money.

 

[finn]

Why don't you "man up" and fix it on your dime?

You were too cheap to pay for a low deductible policy and now feel someone else, ie the taxpayers, should bail you out.

Entitlement at its finest.

 

[woodrail]

Why don't you "man up" and fix it on your dime?

You were too cheap to pay for a low deductible policy and now feel someone else, ie the taxpayers, should bail you out.

Entitlement at its finest.

Hmm.....

I'd like to see you do that! Would you "man up" if I decided to throw a baseball threw your window?

 

[yeldogt]

Hmm.....

Would you "man up" if I decided to throw a baseball threw your window?

Not an "act of god" .............That would be covered

 

[6700north]

Intentional. That would be excluded.

 

[yeldogt]

Difficult to prove ... minor ... would be paid.

You are correct .. most disallow intentional acts by the policy holder .. but it gets interesting.

 

[outcast]

Why don't you "man up" and fix it on your dime?

You were too cheap to pay for a low deductible policy and now feel someone else, ie the taxpayers, should bail you out.

Entitlement at its finest.

your an idiot. i'm glad you don't live next to me.

 

[outcast]

the OP should not have to pay a dime. this IS NOT an act of god. the kennel did not "grow" there. it was placed by a human, and not done correctly. and this is the 2nd time it happened ! negligence and nothing more.

 

[May Pop]

If the police dept required the K9 officer to keep the dog on his property and the kennel is owned by the police department its not an act of GOD its an act of ignorance. Plain and simple. It was their neglegence by not securing it properly.
Im not one for lawyers BUT if that K9 cop does not demand his police dept. take care of the damages THEY CAUSED I would have a paid profesional screaming at the top of his lungs for me.
This is not a tree blown in the wind its a piece of junk the LAZY COP DID NOT MOUNT PROPERLY. Once again its the police not taking responsibility for their actions. You said this was the second time? This shows they have NO respect for the citizens of you town. Call the mayor and start complaining. ITS THEIR FAULT!!!!