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Car damage by friend on property

Discussion in 'Homeowners, Fire, Casualty' started by BrianStL, Mar 8, 2014.

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  1. BrianStL

    BrianStL Law Topic Starter New Member

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    We own 35 acres with horses. In order to protect our vehicles from the horses chewing on our vehicles we have four posts in the ground with a single strand of barbed wire attached to the posts. In order to get in/out we have a handle attached to the end of the barbed wire and simply loop it around on of the posts.

    Last week, a friend who boards one of her hhorses with us, visited when we were not there and parked in the car area. As she was leaving, she backed out and one of the horses (my horse) flashed in front of her vehicle and got his foot caught in the handle and ripped the barbed wire from the posts. When that happened the tension of the wire flung into my car which was also parked in the area significantly scratching the roof and three separate sides. The car needs to be repainted.

    This person initially did not offer to pay for damages but has since said she would do so. When I told her the amount ($3k) she said she would pay with her credit card but kept repeating how she didn't have the money and how it was just an accident.

    The body shop indicated this is potentially an insurance nightmare (home owners claim? Car insurance claim? Etc.) and indicated it would be easier to file through her car insurance.

    I mentioned this to her and she said she would not and just pay out of pocket.

    Questions :

    1) Who is responsible for repairs?
    2) Am I culpable in any way?
    3) Who should file with which insurance?
    4) Why do I feel like a jerk/guilty for expecting her to fix it? (only half joking)

    In my mind I don't feel the least bit responsible and she generally, from what I have seen has done a poor job of running off the horses around the cars.

    I mean, it stinks for her but I don't think we should split the costs or file with our homeowners.

    At the same time I want to be reasonable and fair.

    Thank you.
     
  2. army judge

    army judge Super Moderator

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    If it were me, I'd file with my insurance company (home or car), let them fix my car, and then they'd go after the culprit.
    She'd have to reimburse my insurer, or work with her insurer to satisfy them.
    It's always easier to start with your insurance and let them do the hard work.
     
  3. mightymoose

    mightymoose Moderator

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    I don't see that you could hold her responsible for this and I doubt her insurance would pay up.
    This is entirely for your own insurance to cover if they will at all.
     
  4. disagreeable

    disagreeable Well-Known Member

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    So this was your horse, that caused damage due to your poor fence design, to your property. I don't see where she did anything wrong.
     
  5. BrianStL

    BrianStL Law Topic Starter New Member

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    So if you leave your house with a car that is in perfect condition and upon returning find there to be $4k in damage due to negligence of another person, who do you hold responsible?
     
  6. BrianStL

    BrianStL Law Topic Starter New Member

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    LOL! Poor fence design? There was nothing wrong with the fence. The fence was ripped apart as a result of gross negligence of another. And it really doesn't matter whose horse did the damage. Basic, fundamental common horse knowledge is that you shoo away horses from potentially hazardous situations.
     
  7. army judge

    army judge Super Moderator

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    You can't make another person do anything.
    You can take them to court, present your case, and a judge (or jury) will decide.
    If you are unhappy with the verdict, you are FREE to attempt an appeal.

    You will accomplish nothing on this board.
    You were given FREE advice, and/or suggestions.

    The thread is two months old.
    I'm closing it.
     

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