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Posted: 7/16/2015 2:44:18 AM EDT
I'im not sure who is at fault here much less who gets screwed with a bill. A construction company is redoing my street(sub contracted by city), they piled a large pile of rocks in m front yard via backhoe. My HOA (yeah big bad HOA) asks that my grass be cut once every 2 weeks.  So I mowed my lawn, avoiding the pile of  rocks, and while mowing I hit a hidden rock with my mower. Said golfball size rock bounces flies out from under mower, bounces off ground and hits my car in the front fender, leaving a nice gouge and visible metal. The rock I can only assume fell off of the back hoe shovel and rolled 2 feet from the pile into the tall grass. I am guessing that replacing a fender and repainting the fender will run over 500 bucks.  Who do I contact? I really want to get a hold of the construction company and hold them to the fire over it but I was mowing my lawn(their rock was simply minding it;s own business "dindu nuffin"). If the construction company isnt at fault; do i call my house insurance(state farm) or my car insurance(USAA) the car was parked in my driveway.  (car is a 2014 Forester, not paid off for another 9 months)
Link Posted: 7/16/2015 2:58:30 AM EDT
[#1]
home owners   insurance
Link Posted: 7/16/2015 8:16:52 PM EDT
[#2]
So there is a large pile of rocks in your yard from construction and you hit one with a mower because you didn't police the yard before mowing and now you expect them to pay for damage to your car? The damage you caused from mowing a rock?

Sounds to me like it's your fault.
Link Posted: 7/17/2015 12:33:51 AM EDT
[#3]
So if I dumped landmines into the street where they are obligated to do work (where there aren't typically land mines) if the construction company doesn't get one and it takes out a bulldozer it is their fault for not policing ...(hypothetical if I had landmines I wouldn't waste on a backhoe) After all the land mine was simply sitting there hidden until they ran over it...

So
Link Posted: 7/17/2015 9:40:13 AM EDT
[#4]
You are responsible.  Even if you could somehow attempt to blame the construction company how would you prove that the rock in question came from their pile?
Link Posted: 7/17/2015 7:42:17 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So if I dumped landmines into the street where they are obligated to do work (where there aren't typically land mines) if the construction company doesn't get one and it takes out a bulldozer it is their fault for not policing ...(hypothetical if I had landmines I wouldn't waste on a backhoe) After all the land mine was simply sitting there hidden until they ran over it...

So
View Quote


You're rationalizing. Land mines aren't rocks and everyone knows to police up the yard before using a mower. You took the easy way out and now want to blame it on them.
Link Posted: 7/17/2015 11:31:25 PM EDT
[#6]
Not enough damage to hold Construction Company responsible.

Had the rock hit your neighbor's kid and killed them, then the rule of deep pockets would apply. Then they would be responsible.
Link Posted: 7/19/2015 12:47:33 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Not enough damage to hold Construction Company responsible.

Had the rock hit your neighbor's kid and killed them, then the rule of deep pockets would apply. Then they would be responsible.
View Quote


Likely AFTER your inruance had paid its limit.

YOU failed to police the area before mowing.

And claiming on homeowner's is likely below your deductible.

Link Posted: 7/19/2015 1:24:26 PM EDT
[#8]
The construction company is not at fault
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