Wind blows trampoline and damages neighbors home

by Guest » Thu Mar 19, 2009 12:19 am
Guest

High winds blew my trampoline and damaged neighbor's home. Damage is under $1000. Trampoline was not staked down - I've never seen anyone stake down a trampoline since they are so heavy.

Is this something that neighbor's homeowners policy ($500 deductible) should cover, or do I file a claim under my liability coverage?

Will claims made on either policy affect the insureds future premiums?

Total Comments: 5

Posted: Thu Mar 19, 2009 10:03 am Post Subject:

You may be interested in reading the following discussion where another member has discussed a situation similar to yours.

http://www.ampminsure.org/home/renters-replacement.html

Posted: Thu Mar 19, 2009 10:12 am Post Subject:

Well, it might depend upon the volume of damage. If the total worth of damages is less than the deductible level, then you might wish to settle it out-of-pocket. And, thus can avoid the claim to go in your record. A claim in the record would definitely affect the future premiums.

Posted: Thu Mar 19, 2009 12:03 pm Post Subject:

Is this something that neighbor's homeowners policy ($500 deductible) should cover, or do I file a claim under my liability coverage?

The other person's HO policy would address the damage, less the $500 deductible but if they feel your are responsible, they can pursue you for recovery of what they spent including their insured's deductible amount. If you are liable, you are responsible for paying the loss.

Has anyone asked you for payment?

I've never seen anyone stake down a trampoline since they are so heavy.

I'm betting that most, if not all, are designed to be secured to the ground. They may be heavy for you and I to lift but basically it's a big sail and it would not take too much of a wind to send them flying. I'd say that this should be obvious and as such, a reasonable person would secure them to the ground.

Posted: Fri Mar 20, 2009 03:05 am Post Subject:

It could be filed under either and I would see your company accepting liability for the reasons that tcope stated.

Posted: Sun Mar 29, 2009 09:47 am Post Subject:

like jeorge said, there's a similar discussion regarding this issue and you might want to take a look at it. have you discussed this issue with your neighbour? you need to determine the liable party, who would be paying for the damages caused. like tcope has said, it is possible to secure the tampoline to the ground, and you should have done so! in any case, if you're thinking of retaining the trampoline (if it is not damaged), or getting a new trampoline, then you should secure it to the ground to prevent such cases from occuring again. a strong gust of wind could easily lift a trampoline and send it flying across the street.

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