Car damaged due to a rock that popped out of the lawn mower

C

Catherine S Allen

New Member
Jurisdiction
Virginia
A young man in the neighborhood was mowing my lawn. His lawn mower popped a rock out and that rock hit the bumper of a car passing by. I was not at home at the time of the incident. The driver came back later on, explained what happened and asked for my contact info, which I gave. He calls a few days later and says the small knick on the bumper is going to cost $730 to repair. Am I legally responsible?
 
So who did the damage? How can he prove it came from the lawn mower? Did he stop at the time this rock hit his car? Do you have rocks in your yard?
 
Disabled Vet said:
So who did the damage? How can he prove it came from the lawn mower? Did he stop at the time this rock hit his car? Do you have rocks in your yard?
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The young man mowing my lawn was the source of the damage. The driver stopped the moment his car was dinged. The guy doing the lawn asked him 'where did it hit' because he heard the rock on impact. I did not realize I had rocks on my lawn.
 
zddoodah said:
Nothing in your posts suggests you are, but you should nevertheless put your homeowner's insurance carrier on notice of this potential claim.
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I did contact my homeowner's insurance carrier who said since it was neither my husband or myself using the mower, the incident is NOT covered. They suggested I contact the parents of the person who mowed my lawn or give the driver their contact info. They did not come out and say whether or not I'm responsible.
 
Catherine S Allen said:
I did contact my homeowner's insurance carrier who said since it was neither my husband or myself using the mower, the incident is NOT covered. They suggested I contact the parents of the person who mowed my lawn or give the driver their contact info. They did not come out and say whether or not I'm responsible.
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How old is the person who was mowing your lawn?
 
Catherine S Allen said:
I did contact my homeowner's insurance carrier who said since it was neither my husband or myself using the mower, the incident is NOT covered. . . . They did not come out and say whether or not I'm responsible.
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Let me translate: Your policy will not indemnify the guy who was mowing because he is not an "insured" as that term is defined in your policy. However, if you were to get sued, your insurer would most certainly be obligated to provide you and your husband with a defense (i.e., obligated to hire a lawyer to defend you) and, in the unlikely event you are found liable, would be obligated to indemnify you. Since you have reported the matter, you have done what is necessary at this point as it relates to your policy.

Catherine S Allen said:
They suggested I contact the parents of the person who mowed my lawn or give the driver their contact info.
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Since he's an adult, his parents have nothing to do with this (except to the extent that he might be an "insured" under their homeowner's policy). If you want to provide the Lawnmower Man's contact info to the owner of the car, that's up to you.
 
mightymoose said:
The driver of the car should easily get this covered by his own insurance.
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While this is true, if the driver/owner had collision coverage (which we don't know), he'd have to pay a deductible, which could be close to or more than the dollar amount mentioned in the original post.
 
zddoodah said:
While this is true, if the driver/owner had collision coverage (which we don't know), he'd have to pay a deductible, which could be close to or more than the dollar amount mentioned in the original post.
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His deductible is $500. He wants me to pay his deductible. That's when I said I would check into my homeowner's policy.
 
Tell the driver to go after the adult who was mowing the lawn.
 
Catherine S Allen said:
Am I legally responsible?
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No.

Catherine S Allen said:
I did contact my homeowner's insurance carrier who said since it was neither my husband or myself using the mower, the incident is NOT covered.
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I don't know who you talked to but that is BS.

It's not that it's "not covered" it's that you aren't liable. Your insurance company has a duty to investigate and defend you against claims for which you aren't liable. That you are being accused is enough to invoke that duty.

Call your insurance company's claims department (not the agent) and remind them of that.

Meantime, don't agree to anything. Don't even talk to the claimant anymore.
 

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