Small Claims Case? Snow Plowed by Neighbor Destroyed my Boat

Michigan_Dan

New Member
Jurisdiction
Michigan
This past winter 3-6' of snow from a neighboring motel parking lot was plowed into/onto my boat which was parked with documented permission on city property in designated winter boat parking. This caused my boats starboard hull to break in half. I have not looked too much, but it would likely cost $1,000 to $3,000 to repair if not replace the boat.

Would I have a good case in a small claims court? What steps should I take?

As a university student I cannot at this time afford to repair or replace the boat without reparations or compensation.

Thank you for your help.
 
This past winter 3-6' of snow from a neighboring motel parking lot was plowed into/onto my boat which was parked with documented permission on city property in designated winter boat parking. This caused my boats starboard hull to break in half. I have not looked too much, but it would likely cost $1,000 to $3,000 to repair if not replace the boat.

Would I have a good case in a small claims court? What steps should I take?

As a university student I cannot at this time afford to repair or replace the boat without reparations or compensation.

Thank you for your help.
Submit a claim to your insurance company.
 
Would I have a good case in a small claims court? What steps should I take?

What evidence do you have?
Pictures?
Witnesses?
Who did the plowing?
A motel employee?
A hired service?
When did this happen?
What have you done so far?

Answer all those questions and you may get some helpful comments.
 
Have you contacted the person/entity who did the plowing and requested compensation? If not, why not? If so, what response did you receive?

If you file a small claims action, you'll be entitled to the lesser of the undamaged boat's fair market value or the cost of repair. Proving cost of repair would require either getting it done or at least 2 estimates.
 
What evidence do you have?
Pictures?
Witnesses?
Who did the plowing?
A motel employee?
A hired service?
When did this happen?
What have you done so far?

Answer all those questions and you may get some helpful comments.
Evidence: Photos & Videos of the damage, emails with permission to park the boat on city property. More photos of the boat in good condition 6 months ago. Bill of sale, boat registration, and common sale prices for said boat off of the internet.

Witnesses: credible friends who could testify that the boat would be in good condition when it was parked in Nov or Dec.

I believe a service does the plowing.

The damage would have occurred sometime between the end of December 2021, and our last big snowfall which was maybe 2 weeks ago.

So far, I've spoken to the hotel manager. He listened to me and is going to contact his insurance company, and the previous hotel manager to try to figure it out & get back to me. Additionally I've looked further into where the property line is--low resolution GIS maps say the boat is barely on the hotels property (by a a ft or two) while a surveying student thinks it is on city property.

Going forward I am waiting to hear back from the hotel and I am going to contact the city to try to obtain a plat map to figure out where the property line is.
 
Going forward I am waiting to hear back from the hotel

At least there's that. Because, so far you have zero "evidence" as to who did it, only speculation.

I am going to contact the city to try to obtain a plat map to figure out where the property line is.

Probably wouldn't matter much if the boat was partly on the hotel's property.

The plow driver had a duty to avoid damaging a visible stationary object, regardless of where it was parked.

Meantime, get a couple of written repair estimates.
 
Update: The hotels insurance company called me and told me it wasn't their responsibility, but they game me the name of the plow contractor, as well as their insurance company, but no phone number for either. I am going to contact the hotel again to ask for the contractors contact info.

Are they correct in saying that it's not the hotels responsibility? Or just shifting blame?
 
Update: The hotels insurance company called me and told me it wasn't their responsibility, but they game me the name of the plow contractor, as well as their insurance company, but no phone number for either. I am going to contact the hotel again to ask for the contractors contact info.

Are they correct in saying that it's not the hotels responsibility? Or just shifting blame?

Very likely it was the plow operator's responsibility. If they gave you the name of the plow operator and their insurance company there really isn't a reason to call the hotel back. Just Google the insurance company name.
 
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