QUESTION
Am I responsible financially for an accident?
Asked on Aug 22nd, 2011 on Civil Litigation - California
More details to this question:
Hello. Last week I went to the beach with a canopy for shade. At the afternoon unexpected wind carried out my canopy and it landed on somebody''s car. A small dent on the car''s roof was caused by this accident. Unfortunately for me, a car owner is an attorney. Now he wants me to pay his insurance deductible (1000$). Otherwise this gentleman wants me to go the Court (not a Small Claim Court). I don''t feel that all responsibility is mine, but I''m affraid I will lose the case against the lawyer. Please, advice.
1 ANSWER
Insurance & Reinsurance Coverage Attorney serving San Francisco, CA
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Wilson Elser
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The basic standard here is whether you are completely blameless -- because the wind was unexpected, unforseen etc. and whether you acted reasonably in securing the canopy. Remember that the car owner -- lawyer or not -- does not appear to have any fault here, so as between someone with a little fault, and one without fault, you can guess the result. You would have an uphill battle convincing a judge that a canopy that acted like a sail in the wind could not be foreseen.
You ought to have coverage under your homeowners policy (or renters or Condo Owners) for liability caused by an accident such as this.
Answered on Aug 23rd, 2011 at 12:44 PM