Property insurance and Act of God?

Question

My trampoline allegedly caused damage to some vehicles during a windstorm. My property insurance doesn't cover this damage, it was an act of God. If the trampoline was tied down, will the owners be able to sue me and win? If so, how do they collect? I have very little money and although I own my property, it has a lien on it. I do work, but only make $6.50 an hour! Any advice?

Answer 1

They are not covering the claim not because it was an act of God but because the windstorm caused the damage, not you. That means you are not liable. You did nothing wrong. If you are served with legal papers you need to notify your insurance company. They will provide representation (free of charge) and will pay if you are ordered to do so by the courts, up to your policy limit.

Answer 2

Not knowing what state you are in - each state has their own insurance laws and provisions - it might vary in your's.  In state, your property insurance would've paid for the other's persons' vehicles, if the trampoline was on your property - whether tied down or not.

The car owners that was damaged can file a claim with their automobile insurance - if they had comprehensive coverage.

Yes, they can most likely sue you.  In most states, it is relatively easy to sue and / or take some one to court.

Answer 3

Turn the claim in to your insurance agent and let them handle it for you.

Most insurance companies have you sign an exclusion for damages caused by trampolines, but, they are concerned with them being "attractive nuisances" for kids and then kids getting hurt because of un-supervised operations.

I don't think your neighbors have a case - but, I'm NOT an attorney.

GOod luck and I hope this helps!

Answer 4

To be liable, you have to have been negligent in maintaining the trampoline. If you really had it tied down, you should have nothing to worry about. The other property owners CAN sue you because anyone can bring suit against anyone else for ANY reason. That doesn't mean they'll win. If I were you, I would go ahead and turn in a claim to your homeowners insurance company and let them go ahead and investigate the loss. They will be in a better position to defend you if they know about the claim and can do the investigation on the front end, rather than trying to grab facts after you've already been sued.

Answer 5

If the other party wanted damage to their vehicles covered (by flying objects in a windstorm), they needed to purchase comprehensive (other than collision) coverage.  "Acts of God" is not an insurance term but these things (windstorm, hail, hurricane, weight of ice & snow, etc) are 1st party claims, meaning you have to purchase coverage for damage to your own property (building & contents coverage for homeowners, comprehensive coverage for autos).  Liability is a 3rd party coverage, meaning you would have to be legally liable for the coverage to pay - that means that you would have needed to do something wrong - like digging a hole in your yard & leaving it there for someone to fall into, not shovelling & salting your walkway when it snows, leaving hazardous situation on your property for someone to get hurt on.  If you maintained your property like a prudent person would then you are not liable for the damages.

The owners can sue you, anyone can sue anyone in the US, however, for them to win, they have to prove that you are negligent.  Since you are aware of this incident, report it to your insurance company.  They will deny coverage & if the other party tries to sue, your company will defend you (they have attorneys on staff for this) so you do not have to worry about that.  This is why you purchase insurance.

Now, on another note, the trampoline is very dangerous.  If a kid comes to your house & jumps on it & gets hurt, they will sue you & they will win.  It is an attractive nuisance so you have a greater duty of care to keep people from going on it.  Most companies I know will not insure you if you have one or will nonrenew you if you get one after you buy the policy.

Read up on the internet about injuries caused by trampolines.

I know of an adult who is paralyzed from one.  I know of a child that was killed on one (not one of my insureds thank goodness), a toddler crawled under the trampoline, a bigger kid was jumping on it & killed the toddler.  The netting would not have helped in this situation.  I also know a child that broke his ankle on one.

Get RID of the trampoline before someone gets hurt.