my friend just bought a 2006 ford mustang gt and went to kinkos to make some copies. the ice on the roof fell on the car and destroyed the front wind shield to where you would want to total the car. who is at fault? kinkos has a parking lot full of ice and had the sign on the door saying open.
2007-01-20 06:07:06 · 11 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
This is considered an Act of God and it would be covered under the comprehensive section of his/her auto policy. No one is at fault.
2007-01-20 06:24:03 · answer #1 · answered by bundysmom 6 · 1⤊ 0⤋
First and foremost, the owner of the car has a valid insurance claim so he should contact his insurance company. The ice falling from the roof and damaging his vehicle will be processed as a claim under his comprehensive coverage and should not affect his premiums. He will, however, be on the hook for his deductible. Is Kinkos liable for his damage? Likely not, to establish liability you must prove negligence. So the question is, was Kinkos negligent and I think you find case law that says they were not. Your friend made a decision to park his vehicle as close as he could to the store (obviously). Does he not assume some responsibility here as well? Saying that he didn't see the potential threat is not a defense unfortunately. A judge only looks at what a prudent driver would have done under the circumstances.
2007-01-20 10:37:03 · answer #2 · answered by patti duke 7 · 0⤊ 0⤋
First of all, I doubt Kinkos actually owns the property. Second, unless it is determined that a design flaw on the structure itself is causing ice to build-up and drop onto vehicles excessively then there will be no liability to Kinkos or the owner of the property. The car is NOT a total loss. A windsheild can be replaced in an hour and is covered under the comprehensive section of the policy.
2007-01-20 06:37:14 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The ice falling on the windshield is considered an act of god, therefore, Kinko's would not be at fault. Instead, your friends insurance would have to pay for the damage, provided the damage is greater than your friends deductible.
2007-01-20 06:17:15 · answer #4 · answered by Apryl S 1 · 1⤊ 0⤋
His insurance company will pay for the damages directly. If the insurance company's legal staff feel that there is a claim against Kinko's, they'll pursue restitution from them. And in-turn, Kinko's insurance company will probably wind up with the final bill.
You should always file claims with your own insurance company and let them sort out final liability. They have the lawyers on staff to handle that; there's no need for you to waste your time with it.
2007-01-20 06:15:05 · answer #5 · answered by Bostonian In MO 7 · 1⤊ 0⤋
If your friend has a brand new car, your friend would also have full coverage insurance. That would be the starting place, make a claim with insurance. If they could recover from Kinko's, I'm sure they would.
2007-01-20 06:14:34 · answer #6 · answered by oklatom 7 · 2⤊ 0⤋
nI'm sure your insurance co would pick up the tab for fixing it, but then most likely would go after Kinko's to settle with them. That's the good part of having insurance - they pay out and they go after the guilty party. That way you don't have to duke it out personally!
2007-01-20 06:41:43 · answer #7 · answered by SUSAN D 1 · 0⤊ 1⤋
i'm pretty sure Kinkos is responsible for the cars/people on their property... so i believe kinkos will have insurance to pay for it.
2007-01-20 06:15:27 · answer #8 · answered by BOB S 1 · 0⤊ 1⤋
Kinko should pay, call your insurance company. the sooner the better.
2007-01-20 06:14:57 · answer #9 · answered by ruth4526 7 · 0⤊ 1⤋
call your ins co ...they will fight it out with Kinko.
2007-01-20 06:10:27 · answer #10 · answered by Anonymous · 1⤊ 0⤋