Legal Question in Insurance Law in North Carolina

Small Claims

My neighbors storage unit blew apart because of a storm. Part of the unit damaged the side of my car. I do not have comphrensive coverage on my vehicle so my auto insurance will not cover it. Is my neighbor responsible for the damages of my car?


Asked on 3/07/08, 6:28 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Small Claims

That is a difficult question. In all likelihood, your neighbor is responsible only if he was "negligent" in some fashion. I.e., he is probably not "strictly liable." Such negligence could include any negligence in the construction of the storage unit. This raises other complicated questions, such as determining who built the shed, and the strength of the winds. You may want to start the process by submitting a claim to your neighbor's homeowner's insurance company. This also raises other complications, such as your recourse if he won't give you that information, or if the claim is denied by the insurer. You may also want to contact an attorney and provide her with more facts.

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Answered on 3/07/08, 7:19 am


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