Need advice. How to get neighbor to pay for damage?

[look 171]

My neighbor decides to move on and rents the house to a very nice couple, now there's another new person that moved in to the bottom floor. Nice guy, a chef. He loaded up some of his trash, long metal pipes in the city cans that stuck out about 4' out of the can. Trash truck goes and dumps it last week, and it ended up on the roof of my 4 runner that I purchased less then 2 months ago. A very clean car with a little more then 25k on it. I got his first name from the people upstairs and talk to him for a bit and he agrees to pay for the damages. The estimate is 3700 bucks and now he wants to talk to his lawyer. the trash truck driver said the metal can't not be loaded that way and the city is not responsible for it. I know he's thinking about moving out soon closer to work. what kind of info of his do I need to go after this guy? what would you do? Collection agency, small claims? I have no clue? Even if i win in court, I still would get my money. My deductible is 1000 bucks.

[gtc]

If the metal cannot be loaded that way, why did the garbage man even try to dump them?

Now that you've shocked him with the $3700 estimate, I'd let him pay the $1000 deductible or take him to small claims if he won't.

[fastfredracing]

I'd just turn it into my comprehensive policy, and move on. Sounds like an honest accident, and you could spend forever trying to get $ out of him.

[fastfredracing]

I'd like to edit my last statement. I did not read about your 1 k deductible. Maybe try to have him pay that, or at least have him pay half of it? Sucks, sorry to hear about the damage.

[craigster59]

Would your/ his homeowners policy cover it? I was driving past a golf course and took one to the windshield compliments of a hack duffer. I pulled over and confronted the guy and his homeowners insurance paid for a new windshield.

[Hugh R]

Last people in control of the pipe was the trash company. Policy or not, they picked it up and had control of the pipe.

[pwd72s]

If you go the lawyer route, my guess is he'd say to go for the big pockets. That would be the trash hauler.

[JKelley]

Turn it into your insurance company and pay the deductible. Once your company suffers the loss they will go after the responsible party (subrogate). Whether its the garbage company or the person next doors fault will be figured out by your insurance company at their time and cost. If they win your case you will be refunded for your deductible. Unless one of them pulls out the check book asap you will send lots of time pursuing this on your own.

[aigel]

Do you have a good insurance agent? Talk to them. This is the reason why I have a brick and mortar agent. I am pretty sure she'd suggest JKelly's route.

$1k is a lot of money, but OTOH, what is time and aggravation worth to you?

G

[look 171]

Originally Posted by craigster59

Would your/ his homeowners policy cover it? I was driving past a golf course and took one to the windshield compliments of a hack duffer. I pulled over and confronted the guy and his homeowners insurance paid for a new windshield.

He rents

[craigster59]

Originally Posted by look 171

He rents

But the landlord should have some type of policy in place, it's worth a shot.

[look 171]

Originally Posted by aigel

Do you have a good insurance agent? Talk to them. This is the reason why I have a brick and mortar agent. I am pretty sure she'd suggest JKelly's route.

$1k is a lot of money, but OTOH, what is time and aggravation worth to you?

G

AAA and never a claim.

[look 171]

What personal info do you think I will need from him and what if he gives me nothing?

[craigster59]

Just like your other thread on the hit and run, you need to give all the info on both incidents to your auto and home insurance agents and let them advise you/ deal with it. That's what you are paying them for.

[JKelley]

Originally Posted by look 171

AAA and never a claim.

I'm a sales agent for AAA here in MN. Whether you have AAA or any other insurance company this would be a comp claim and if you file the claim with your company you would have to pay the deductible and hope your company is successful at subrogating your loss to the responsible party. To me it sounds like the garbage hauler is that person. The renter was not there when the garbage man dropped stuff on your car, how could he have been responsible? My guess is AAA would pursue the garbage company only.

[look 171]

Getting money out of the city would be a btich.

[Zeke]

This is an unfortunate situation. Although placing pipe in the trash can sticking out is not wise nor permitted, it happened. Both the trash truck and the resident are culpable, but I don't see any resolution beyond what the car's insurance co can do.

And, if they pay out everything but the deductible, it's doubtful they will incur the expense of trying to collect. Ins cos know where to draw the line and then let a lot slide because it takes too much resource to pursue it.

Now if there was any personal injury as a result of this, I'm sure the parties involved would be much more cooperative. I've noticed that when you notify a city about liability issues they are quick to act.

[ossiblue]

You've already got your answer, I'll just add another vote to it. Claim it on your insurance and pay the deductible. The trash hauler is the liable party but leave it to the insurance company to go after them.

[mattdavis11]

I always thought the 4 Runner needed a bit of extra character. Nothing says it better than letting everyone know you can lay some pipe.

[Baz]

So looking at this another way....in picking up the neighbor's trash the hauler *allows some of it to fall on your vehicle?

And *they did not report it to their supervisor?

That just is not right.....whether in a legal realm or not......maybe contact the city manager and ask about liability - given *these circumstances.

Worth a shot - as a city resident I would think you would be afforded certain basic rights and considerations.

What if a news story were written about this - after the city refused to make it right?