If someone is mowing their lawn and a stone gets thrown onto your car's windscreen and damages it can u sue?

Answer 1

In an instance like that, the best thing to do is to have the person who was doing the mowing, provided you can prove they did it, to put the claim through on their home insurance. That's what you're paying liability insurance for. It does not go through the car owner's car insurance.
I had a drunk throw a lawn dart and put it through the hood of my new Jimmy a few years back. The claim went though their personal home insurance. No need to sue.

Answer 2

It would be tough to prove that a certain rock came from a certain mower at the exact instant your car was hit. I remember watching People's Court where some guy just got his car painted and drove it down the street, and some guy who was hosing off the sidewalk sprayed water on the car unintentionally and the water damaged the uncured paint. He was not found liable. Life is a biatch, then you die. You have a choice. You can insure your car for this kind of thing, pay more for the premium than your windshield is worth, and turn it in to your insurance company, pay a deductible that is almost as much as the windshield, (which is normal unless you have extremely expensive insurance with a very low deductible), then watch your rates go up, or you can suck it up and pay for a new windshield instead of wasting everyone's time in court for something as stupid as trying to prove where a rock came from. You could also consider all the times you pulled some shiit that resulted in property damage that no one came after you for, like dinging someone's door in a parking lot, kicking up a rock and busting a window when you didn't even know about it, or hosing the dog crap on your sidewalk into your neighbor's grass so you don't have to pick it up.

Answer 3

I would believe so. But you would have to prove negligence on their part.

My neighbor had this happen a few years ago. He didn't know it had happened, the guy just came up and started screaming at him. So, my neighbor just went in his house and called the police.

When everything calmed down, the police told him that there are several people mowing their lawns, it is up to you to prove the stone came from this particular mower.

So unless he wanted to sue everyone with a freshly mowed lawn, he was going to just have to let his auto insurance pay for it.

Answer 4

What for? If you are comprehensively insured and its a chip in your Windscreen - your insurance company will pay for the repair at no cost to you.

If they don't then the cost of the repair would be less then your Solicitor charges to send a letter :)

In a situation like that the onus would be on you to prove that the stone originated from their mower, as opposed to having been thrown up by another vehicle...

Answer 5

No, it's considered an accident.
That's why you're supposed to have car insurance.

If your neighbor doesn't attempt to pay your deductible you can pursue that in small claims court.
It usually cost about $25 to go to small claims court and the deductible for windshield replacement is about $50 so it's probably best to talk to the person and try to get them to pay
instead of pursuing legal action.

Answer 6

Of course. You shouldn't have to sue. They should have offered to pay for it already.

If they'd hit a baseball through the window of your house, whose responsibility is that? It's the hitter, obviously.

Answer 7

Of course you can. take them to small claims court. but any decent human being who was involved in that accident would take responsibility for it and offer to reimburse you immediately.

Answer 8

Please, please... don't "sue" someone over that.

Does anyone diplomatically talk about anything anymore?

Do you not have insurance?
Did your windscreen not have a crack in it already?