I hit a basketball hoop in a back street with my commercial truck. The owner contacted me and says its worth $450. Should I go give him $450 or contact my insurance. I am an LLC if I pay him, he could still say I didn't compensate him enough. What should I do?
2007-08-10 16:02:11 · 15 answers · asked by mrgoron1 1 in Business & Finance ➔ Insurance
If the hoop is in the street or in the PUBLIC right of way (as oppposed to private property) it has no business being there legally or otherwise and is something considered to be a right of way encroachment/ fixed object/hazard/ to the motoring public that puts any liability on the owner of the hoop.
It's obvious from the other responders that they don't have much experience dealing with insurance companies. File a $450 claim what is your deductible? Chances are you will end up paying more than $450 in added premiums over time.
What you need to do is contact the police department and file a report, most likely the hoop owner will be out of luck and could be responsible for any damage to your vehicle if not issued a citation.
If this took place on private property then it becomes a civil matter, but again, you could refuse to pay, argue in small claims that it has no business being in a roadway of any sort.
Report it to your ins co as last resort as they will use any opportunity to raise your premium. Their red flags go up even for something as simple as a coverage inquiry. People ought not give answers when they don't have a clue what they are talking about.
2007-08-10 16:14:36 · answer #1 · answered by ADB 4 · 2⤊ 0⤋
If the basket ball hoop is a permanent item set in concrete - 450 may not be as bad as it sounds. If the hoop has to be replaced, that would mean removing the one set in concrete and setting another one there. You would owe not just for the hoop itself but also for the labor.
If it is one of the ones that can be moved around, then price those at your local sporting goods store. An insurance adjuster would consider the replacement cost of the hoop and would add something for removing the debris of the damaged one.
If you pay him - pay by check - on the memo section put that the payment is for "any and all claims arising from the incident on 8/10/07". You may also want him to sign a property damage release. If you have an attorney for your LLC - see if he would charge you a nominal sum to draw one up.
Did the property owner strike you a the kind of person that you could work with? If so, you may want to work it out with him. If not, then turn it into your insurance company.
If you turned it into insurance - it would be paid as a liability claim. That usually does not have a deductible.
2007-08-11 08:39:55 · answer #2 · answered by Boots 7 · 1⤊ 0⤋
Contact your Truck insurance agent and explain what happened. The agent will tell you the best thing to do depending on the laws of your state. Listen to your agent. If it was located in a street, my gut instinct tells me that it is illegal to have a basketball hoop in a street so you need professional advice from an agent or an attorney when it comes to handing over $450 especially when Property Damage is covered under the auto policy.
2007-08-11 15:51:17 · answer #3 · answered by PLzHeLPMe 3 · 0⤊ 0⤋
First, be sure the hoop was on his property not a public area. If it is on a public area, then ask him to please sue you in small claims, then make a counter claim to the damage to your truck and legal fees.
Tell him to send you 2-3 estimates of the replacement value and the age of the hoop. Suggest that he send it certified mail "to keep it legal." If he does send you estimates, which he probably won't take the time to do so, then pro rate the age of the hoop and offer him $100 or so to settle. If he doesn't send an estimate in a reasonable time, send him a certified mail stating that you have not received the estimates, therefore you are considering this matter closed. When he contacts you offer him $50.
In other words make him jump through so many hoops he will take your cowardly offer. You have a right to a process at least till Bush took over. Im not sure now.
2007-08-11 01:14:01 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Well I would find out where the item is available and get some prices. You can even check ebay. If you do pay him make sure you make out a recite and have a 2nd party their to verify it and sign it. Then you and the owner sign the recite and each get a copy. I would contact the police, or your insurance after you shop around. You don't need a ticket. You can always try to reason with this person. 450.00 appears like a lot of money when I was in my teens my father bought us a b-ball hoop for under 100.00. Good luck.
2007-08-10 23:09:40 · answer #5 · answered by annasdad 3 · 0⤊ 1⤋
My Evil Twin is right. Also, contact a laywer to be on the safe side. Most good lawyers will give you a free consultation. Also, do contact your insurance and ask them what your options are if the hoop was not illegally placed. In addition, it would be a good idea to get a pre-paid legal service as well just in case something like this happens to you again.
2007-08-10 23:12:35 · answer #6 · answered by Sgt. Midnight 3 · 0⤊ 0⤋
$450 sounds like an awful lot of money to me. Go back and take a picture of the bb hoop you damaged. Then research how much that brand/style would cost brand new. If it sounds reasonable then take him to the bank and get a notary public to notarize a letter stating that he has been fully compensated and is satisfied and will not pursue this any further. If it sounds like a scam go to a lawyer for a free consultation.
2007-08-10 23:10:48 · answer #7 · answered by K H 5 · 0⤊ 0⤋
You want to get charged with an accident on commercial insurance. Give him the $450 and get a receipt for the money... Make sure the receipt says PAID IN FULL state the damage... Go about your way...
2007-08-11 11:14:25 · answer #8 · answered by Gerald 6 · 0⤊ 0⤋
Don't try to deal with this by yourself. Contact your insurance company and they should send an adjuster out to access the damage and let them deal with the guy. 450.00 seems very expensive for a basketball hoop.
2007-08-10 23:35:00 · answer #9 · answered by yourmtgbanker 5 · 0⤊ 0⤋
it's probably not worth going through your insurance company since the deductible and increase in your rates will exceed 450. Why don't you look into what type it is, what the age is and see if you can find something comperable for sale? Maybe e-bay or a used sports store would help. If you can offer to buy a new one or pay for what he would shell out for one you can settle it yourselves.
2007-08-11 00:34:13 · answer #10 · answered by CC 6 · 1⤊ 1⤋