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Last Night

coryfly

Hall of Famer
Aug 7, 2007
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I shared this on the main board but thought some of you here may have some insight or advice if you deal in insurance. .

It snowed about an inch here Wednesday and has been cold so it was still on the ground. The roads were clear though. So I fell asleep on the couch last night and about 1:00 something woke me up. I got up and went to check on my wife and little girl and they were both fine. I look around the house and see nothing. So I'm about to go to bed when I see a light blinking through my blinds in front of my house. I open them and see headlights about four feet in front of my front porch (street is a good 60 yards from the porch to the road). Some drunk ran off the road and almost hit my house. So I call the cops and am trying to decide on whether to get this guy out of the truck or just wait for the cops to get there. I could see him so wasn't too concerned that he was hurt (wasn't too concerned anyway tbh). All of a sudden he tries to back up, turns around, and makes for the road, spinning all the way in my snow covered yard. I'm outside yelling at him at this point but there is mud just covering the entire front of my house. It is on my porch posts, the windows, the brick, front door, everywhere . On the windows with screens it has completely gone through the screens and just covered the window. The yard is destroyed. We built here about four years ago and I have worked hard to get a decent looking yard (which I have). Now, the part he destroyed is only a small part of the yard but it is the front part, right by the road. Anyway, once he got stuck I went back in to call the police because they told me to if I found out the condition of the driver (obviously he was fine). So he stumbles to my door and I tell him to get back in his truck and wait for the cops. I figure at this point nothing that happens in a confrontation will benefit me. So after the cops sort this all out at about 3:00 in the morning he is obviously arrested but I have no idea about much else because the idiot locked his keys in his truck with everything else. So they towed it away but couldn't get it open.

Anyway, the insurance (for my home) was closed today because of all the snow but does anyone know how that works? I'm assuming they can file a claim and go after him. However, am I going to have to pay a deductible and does anyone know if stuff like this (yard) is even covered. I can pressure wash the house but the yard is jacked up bad.

Also, does his car insurance (if he has it) cover anything like this? I pick up the report for it next week sometime.

I have a lawyer that will help me out there. I just haven't contacted him yet.
 
Hey Cory ... what a mess! I am a licensed insurance Agent in NC .. dont know if the rules would be in different in TN (isnt that where you live?) but here's my take. I've had a couple situations like this in the past, HIS auto insurance company will have to pay for any and all damages to your property. Your HOI would only kick in if his company denies responsibility (unlikely with his arrest, etc)... and yes you'll have to pay deductible... then they (your HOI company) would file a claim back on his auto insurance company to recoup as much as possible. Your deductible *should* come out of that repayment first and issued back to you.

You're not gonna get any sympathy or repayment for the hassle of power washing and cleaning up - but you should get some cash for repair to the yard, damage to any landscape, etc.

Good luck, keep us posted.
 
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Hey Cory ... what a mess! I am a licensed insurance Agent in NC .. dont know if the rules would be in different in TN (isnt that where you live?) but here's my take. I've had a couple situations like this in the past, HIS auto insurance company will have to pay for any and all damages to your property. Your HOI would only kick in if his company denies responsibility (unlikely with his arrest, etc)... and yes you'll have to pay deductible... then they (your HOI company) would file a claim back on his auto insurance company to recoup as much as possible. Your deductible *should* come out of that repayment first and issued back to you.

You're not gonna get any sympathy or repayment for the hassle of power washing and cleaning up - but you should get some cash for repair to the yard, damage to any landscape, etc.

Good luck, keep us posted.

I don't mind the power washing and stuff. It sucks but I get it. So how do I go about getting with his insurance company? He locked his keys in his truck and then passed out in the police car so the officer wasn't even sure if he has insurance. If so, how do I file with them? If not, is taking him to court my only option? If so I am screwed. I'll probably do it anyway though. I've got a buddy who will be glad to take the case. I've found out some things about him and he is a long time alcoholic who I doubt has any money. I also think he has been in jail before since his bond is set at over 100,000 dollars. The yard is all I care about. If it was just manpower I wouldn't worry about it. It is bad though. It is going to take a company or person with some equipment to fix it.
 
The police report should show who his insurance carrier is (Allstate, State Farm, etc) ... and it will show his name, DOB and address. You then call his carrier and report the claim, give them the police report number, etc ... they should handle it from there but in many cases like this, you'll have to keep on top of them, keep pushing to get things done. You should go ahead and put together an estimate for the cost of repair to your yard and give them to them immediately and don't back down.

Yeah you cannot likely get anything out of him personally but that's what his insurance is for. Property damage IS covered ...damaging your yard is no different than damaging your mailbox or hitting a car that was in your driveway. Property is property.
 
Bleed is right Cory. The hassle you will have is completely dependent upon who his insurance company is. If I were you, I would get a professional landscape company to handle it all and get 3 estimates (including sod, pressure wash, shrubs, etc) and submit those to the insurance company. They should stroke a check and you can then decide how much work you want to do yourself or just get the lamdscapers to handle it.
 
Hey fly, I used to be a licensed claims adjuster (auto/home) and what bleed and 71-00 has said is good info. I would say wait if you can to get his auto insurance info versus filing with your home owners ins., because most home owners insurance dedutible is $1000. Go ahead and get the three estimates, then throw away the two lowest and go from there.
 
Sucks to hear of this situation, Cory . . . at least the guy never hit the house.

Hopefully, his insurance company settles with you quickly and at full quarter.
 
I'm very pessimistic he has insurance. Hopefully, I'll find out in the next few days. I've already contacted a buddy of mine who does landscaping about the first estimate. As soon as the snow melts he is coming over to check it out. I still need to call my lawyer but am trying to wait to see if he has insurance or not first.
 
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