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Bf12fsu

Who is liable

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I recently had an incident at work where a basketball hoop became a projectile in a storm and hit my car causing 2k in damage. They advised that their insurance denied the claim and said my comprehensive should cover it. I don’t think this is fair and will ultimately cause my rates to go up. What should I do? Is it worth small claims court? 

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19 minutes ago, Bf12fsu said:

I recently had an incident at work where a basketball hoop became a projectile in a storm and hit my car causing 2k in damage. They advised that their insurance denied the claim and said my comprehensive should cover it. I don’t think this is fair and will ultimately cause my rates to go up. What should I do? Is it worth small claims court? 

 

Your employer is only liable to you if your employer was negligent in some manner and your damages were attributable to that negligence. So, for example, if the employer knew there was a problem with the hoop that cause it to come off readily in a typical storm and failed to remedy it or your employer didn't know because the employer didn't check the condition of the hoop periodically then your employer would be negligent and liable to you for the damages caused.

 

The employer's insurer does now owe you anything. The insurance contact is between the employer and the insurance company. The insurance company pays when it is obligated to pay per the terms of that policy. Typically the policy will say that it pays when the employer is negligent. In that case if the insurance company believes the company was not negligent, it will decline to pay.

 

Your remedy if you believe the company was negligent is to sue your employer, not the insurance company. The burden is on you to prove the negligence in order to win. Take into account that, win or lose, you might tick off your employer by suing over this. That could, at worst, cost you your job.

 

On the other hand, there is no indication here that you were at all fault here. So your own insurer should not raise your rates for just this claim. After all, there is nothing about this that suggests you are now a greater risk to insure than before.

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On 5/9/2019 at 9:41 PM, Bf12fsu said:

They advised that their insurance denied the claim

 

Who are "they"?

 

 

On 5/9/2019 at 9:41 PM, Bf12fsu said:

and said my comprehensive should cover it.

 

Probably true, although you'll have to pay a deductible.

 

 

On 5/9/2019 at 9:41 PM, Bf12fsu said:

I don’t think this is fair and will ultimately cause my rates to go up.

 

Why do you think a not-at-fault incident will cause your rates to go up?

 

 

On 5/9/2019 at 9:41 PM, Bf12fsu said:

What should I do?

 

You either pay out-of-pocket to repair the damage to your car or you make a claim against your comprehensive coverage.

 

 

On 5/9/2019 at 9:41 PM, Bf12fsu said:

Is it worth small claims court?

 

Whom would you sue and on what basis.  Your description of the incident does not suggest that anyone has liability for the damage to your car.  You'd have to prove that the damage resulted from someone's intentional act or negligence.  All you told us was that "a basketball hoop became a projectile in a storm and hit [your] car."  That doesn't sound like an intentional act, so who do you think was negligent, and in what way was this person or entity negligent?  Damage resulting from a weather event is not typically something for which anyone is liable, but I'll reserve judgment pending a better explanation of relevant facts.

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