Sign fell off my daughter's car's roof...who's liable?

[Newby]

I had a windstorm blow a huge billboard off it's pole (a commercial billboard company) and come crashing through the roof of my office building.

Guess who's insurance had to pay for that?

Act of God they called it.

 

[Allen Trent]

Guess who's insurance had to pay for that?

I am hoping you say the auto injury attorney whose billboard it was. 80% chance it was either a CBD company or auto injury attorney billboard.

 

[Allen Trent]

Who put the sign on the car? I am guessing that person didn't secure it properly.

Either way, based on your explanation so far, I don't think insurance will be covering it:

1. especially if there is an undisclosed driver regularly using it

2. The vehicle is being used for commercial business delivery & should have been insured on a Business Auto policy

3. I am guessing she signed some papers about use of personal vehicle & damage to it

 

[TwoCents]

Technically, she is liable. If they tell the carrier that it was damaged while being a delivery driver chances are the claim will be denied. Chances are the policy will be cancelled or non-renewed. If I tried a mattress to my roof and it came off and caused the same damage it would be covered under Comp. The damage caused during delivery of business supplies while working for the business will not be covered unless they have an endorsement on their policy for that type of use if the vehicle. Most carriers have an endorsement for Uber or Lyft, but none that I know if have an endorsement for Dominos or Jimmy John's. Hope that the franchisee has a heart and covers the damage.

Interesting that the industry caught up to Uber/Lyft which has been around a lot fewer years than food delivery.

 

[Allen Trent]

Interesting that the industry caught up to Uber/Lyft which has been around a lot fewer years than food delivery.

Uber & Lyft are huge known entities whose contracts & master insurance policies are known. Food delivery for a sandwich shop might be entirely owned locally with little or no active insurance at the time of accident. Easiest to exclude coverage in base policy & require endorsement for it to be added. This way, it can be underwritten to be added. Otherwise, you are overcharging all clients to pay claims for business use on a personal policy whether or not they use car in a commercial business.

Same is true with home insurance. If you run a business out of the house or rent it on Airbnb more than policy language allows, you either need to endorse for permitted business use or insure it entirely with a commercial insurance policy depending on nature of the added risk

 

[marindependent]

To Personal Lines Insurance Agents: Add this to your list of Why you should be asking your clients How they use their Auto AND confirm that they do NOT use it for business, in any way. This includes part time gigs.

To Consumers: Don't use your auto for business use unless you have a contract and your insurer knows about.

Crazy Story. Good Lesson. Sorry for the situation.

 

[Newby]

I am hoping you say the auto injury attorney whose billboard it was. 80% chance it was either a CBD company or auto injury attorney billboard.

Nope. The guy who owns the roof has to pay. Sounded crazy to me too. But my own insurance company said the same thing.

 

[adjusterjack]

I had a windstorm blow a huge billboard off it's pole (a commercial billboard company) and come crashing through the roof of my office building.

Guess who's insurance had to pay for that?

Act of God they called it.

That's right. If you think otherwise then you do not know anything about negligence law.

"Act of God" is a euphemism that has no basis in law. The correct term is "lack of negligence."

If the owner, or installer, of the billboard was not negligent in its installation and/or maintenance then neither he nor his insurance is liable for paying.

Add to that, what was the wind speed at the time the billboard was blown off?

 

[Newby]

That's right. If you think otherwise then you do not know anything about negligence law.

"Act of God" is a euphemism that has no basis in law. The correct term is "lack of negligence."

If the owner, or installer, of the billboard was not negligent in its installation and/or maintenance then neither he nor his insurance is liable for paying.

Add to that, what was the wind speed at the time the billboard was blown off?

Oh I'm sure it was high winds. I have no idea if his poles were rusted through or if the bolts were tight or any of that though. And I wasn't going up that high to check it out either.

 

[Nezha]

That's right. If you think otherwise then you do not know anything about negligence law.

"Act of God" is a euphemism that has no basis in law. The correct term is "lack of negligence."

If the owner, or installer, of the billboard was not negligent in its installation and/or maintenance then neither he nor his insurance is liable for paying.

Add to that, what was the wind speed at the time the billboard was blown off?

But a HO3 policy will cover all physical damage unless it's excluded. I don't see Act of God is excluded in the policy. Wind and hail are also Act if God and they are both covered. ?