Legal Question in Real Estate Law in New Jersey
We live in NJ, had a guest and their children over one day. Their special needs son threw rocks over our 6' stockade fence and hit a neighbors car. Who is responsible for damage? the friend or us? Friend has no insurance and neighbor's car has a few dings. I am not sure how to handle this. Any advice would be appreciated. Thank you.
2 Answers from Attorneys
try your homeowner's insurance. if stuck, call me.
Robert speaks sooth. Notify your insurance company (not the broker:notify the company) immediately.
All of the standard homeowners' forms (HO0 through HO6) can all provide liability coverage by adding the Coverage E Rider, which covers your liability for the damage done. It does not cover the liability of the parent or child who were visiting (though if they were staying for an extended period they would be part of your household and therefore qualify as Named Insured Parties) This would run like a dog bite case: the neighbor has to claim that you knew the "Special Needs Child" was likely to cause mayhem :-) and you took no steps/failed to take reasonable steps to restrain the little darling. This claim fits squarely inside your liability coverage (assuming, of course, the you did not buy a cut-rate HO0 without Coverage E, because if you did then either you or your neighbor or your neighbor's comprehensive auto carrier takes the loss).