The flagpole on my balcony broke during a storm and hit my neighbor 's car. Am I responsible? We are an association of owner of the house and do not know if this insurance would cover anything.
asked Feb 29 '12 at 15:08
This is a really difficult question. The answer really depends on all the facts. I do not think the homeowners association will have much to do here because it is your property and his. However, if the homeowners association is responsible for the flag and the pole (hold), then it is possible that they are negligent.
One problem here is that this accident could be " an act of God = Wind. " If this is the case, nobody is at fault auto insurance and your neighbor will have to eat ( if they have full coverage ). If they do not, they will have to pay out of pocket.
However, if the flagpole was rusty, not to maintain, or if you ( or homeowners association ) knew that it was weak and could not hit for him, then you can be negligent and will probably have to pay.
His insurance company will probably pay first and then come after you if they believe there is evidence of poor maintenance. According to the post, it may be difficult to prove.
answered Feb 29 '12 at 15:08