Car damaged by kiteboarder - any lawyers on here to answer my Q?

[KitingPolak]

Not looking to flame or get flamed here but couldn't find an appropriate place to post this.

My car was legally parked at a local park which happens to be one of the most popular kiting areas nearby. While launching, one of the other kiteboarders lost control of his kite and got dragged into my car. With the dents from his body and scratches from the spreader bar the estimated damage is about $1K. The kiteboarder involved only suffered some bruises and was nice enough to leave contact info in my window.

I checked with my insurance and I have a $1k collision deductible and $100 comprehensive. I was hoping it would be covered under comprehensive but the lady I spoke with said it would be treated as a collision (!) (and my rates would likely go up if I filed the claim) so no go there. She stated that the other kiteboarder's insurance should be covering this. Not to overthink this but what if the other kiteboarder didn't have auto insurance?

Anyone have experience with something like this? I really feel bad to ask a fellow kiteboarder for $1k but I also would like my car fixed.

BTW, I live in Michigan, a silly "no-fault" state.

Peace

[FLandOBX]

I am not licensed in Michigan, but I am licensed in 3 other states. I can't give you legal advice, but I can give you an opinion based on personal experience. To start, insurance companies are the worst P.O.S. on the planet, so everything you're told by your insurer needs to be taken with a grain of salt.

I once had a tire blow-out that damaged my vehicle from flapping rubber peeling off the tire. There was no other contact with other vehicles or objects. I had similar collision/comprehensive coverage and deductibles as yours. My insurance company initially said that because "your tire collided with your vehicle" (exact quote - ), the claim fell under collision (with higher deductible). It's easy to google that one to determine it's a total crock. A tire-blowout like mine is a comprehensive claim that the insurance company eventually paid. But the point is that insurance companies will almost always try to deny your claim at the outset to see if you are an easy mark. That's the reality of the insurance business in the USA.

In your case, I can't see how the kiter's auto insurance has any bearing on the incident, since he was not driving a vehicle. (It's possible that homeowner's personal liability coverage might apply, but a lot of people don't have homeowner's insurance.) I also do not think your collision coverage would apply. Your vehicle was parked, and a wind-driven object damaged it. It seems to me that your comprehensive coverage would apply, just as it would if the wind blew a tree limb onto your parked car, or if an errant golf ball damaged it.

Since the kiter was honest enough to give you his contact information, I might give him a call to see if he'd pay for the damage. If not, I'd suggest contacting your insurance company again and asking to speak to someone in the legal department. Then explain that it seems logical that your comprehensive coverage would apply in this case, and ask for either confirmation or a thorough explanation of why it would not. If the claim falls under comprehensive, it is an "incident" not an "accident". In most states, there are laws prohibiting insurance companies from increasing your premium due to claims for damage from an "incident" (although they will always figure out a way to increase your premium any way).

Just my 2 cents. Good luck.

[Mossy 757]

@FLandOBX thanks so much for a clear explanation, I've often wondered about this since many kiting regattas require liability insurance for competitors, and finding a provider who understands the nature of the sport has been impossible.

[matth]

I am not licensed in Michigan, but I am licensed in 3 other states. I can't give you legal advice, but I can give you an opinion based on personal experience. To start, insurance companies are the worst P.O.S. on the planet, so everything you're told by your insurer needs to be taken with a grain of salt.

I once had a tire blow-out that damaged my vehicle from flapping rubber peeling off the tire. There was no other contact with other vehicles or objects. I had similar collision/comprehensive coverage and deductibles as yours. My insurance company initially said that because "your tire collided with your vehicle" (exact quote - ), the claim fell under collision (with higher deductible). It's easy to google that one to determine it's a total crock. A tire-blowout like mine is a comprehensive claim that the insurance company eventually paid. But the point is that insurance companies will almost always try to deny your claim at the outset to see if you are an easy mark. That's the reality of the insurance business in the USA.

In your case, I can't see how the kiter's auto insurance has any bearing on the incident, since he was not driving a vehicle. (It's possible that homeowner's personal liability coverage might apply, but a lot of people don't have homeowner's insurance.) I also do not think your collision coverage would apply. Your vehicle was parked, and a wind-driven object damaged it. It seems to me that your comprehensive coverage would apply, just as it would if the wind blew a tree limb onto your parked car, or if an errant golf ball damaged it.

Since the kiter was honest enough to give you his contact information, I might give him a call to see if he'd pay for the damage. If not, I'd suggest contacting your insurance company again and asking to speak to someone in the legal department. Then explain that it seems logical that your comprehensive coverage would apply in this case, and ask for either confirmation or a thorough explanation of why it would not. If the claim falls under comprehensive, it is an "incident" not an "accident". In most states, there are laws prohibiting insurance companies from increasing your premium due to claims for damage from an "incident" (although they will always figure out a way to increase your premium any way).

Just my 2 cents. Good luck.

What about filing in small claims court for personal property damage if he will not step up and resolve this?

[Toby]

I moved this topic into the main kitesurfing forum.

It's interesting for sure!

I am far away from being a lawyer, but imo his personal liability insurance should cover this.
If e doesn't have one or it doesn't cover kiteboarding, he needs to pay out of his pocket.

Not your fault, clearly his.

But, he took lessons? Maybe the school could be held responsible? They must have an insurance for sure, specially in the US.

[KitingPolak]

To start, insurance companies are the worst P.O.S. on the planet...

Yes, I was going to start the OP like that but decided against it as not to polarize, LOL. Thanks for your thoughts and advice; good info as others have stated.

Not sure how to multiquote but regarding the other posts:
1. Kiter never said he wouldn't pay for damages; being a fellow kiter I wanted to check other options in case there's a way to lessen the sting. I thought this would fall under comprehensive, get fixed, and I would just ask to be reimbursed for the small deductible vs the full repair cost.
2. Kiter was not taking lessons and has been kiting for at three seasons; it was very gusty that day and he probably was on too big of a kite and got caught off-guard by a gust.

Hitting my car (and being stopped by it) likely saved him from getting dragged across the parking-lot and obtaining more severe injuries.

My lesson learned: Park at least a couple of rows deep away from the launch area. Last year I was parked at around the same spot and another kiter landed his kite on my car. I didn't notice until I got home but his kite/kite lines ripped the XM antenna off my car.

[POACHER]

I'd try again with your insurance, possibly home owners. Let me explain: I lost a kite out on Lake Superior and under my home owner's insurance they filed it as "wind peril to personal property". A few hundred dollar deductible and I had a new kite within 2 weeks. I know this isn't exactly the same scenario, but my agent went above and beyond to get this sorted. You are correct in the assumption that the other kiter's insurance would cover it. Hopefully you can make arrangements with him/her and have them just deal with it on THEIR insurance.


Disclaimer: I'm not a lawyer, but I did stay at a Holiday Inn Express last night.....

[revhed]

insurance companies are the worst P.O.S. on the planet

Hope for you the guy is cool and will cop to it and pay up.
R H

[Bille]

...
Hope for you the guy is cool and will cop to it and pay up.
R H

YEA he will be Cool, (everything will be fine) i totally believe that ; otherwise
there's small-claims court , and you'll probably win !

Bille

[rddvet]

Screw them. They owe you and are a douche if they don't pay up. Something similar happened to me in Florida with my 4 month old truck. Some idiot decided to get a board out of his car still flying his kite. I was parked 10 ft from him. Gust came and he obviously wasn't paying attention and got flung into my car and was stuck to it like Spider-Man. Then he didn't know what to do so rather than releasing sheeted in and drug up and over the side of my car. His hook left several large dents and a huge gash in my car. I got his auto insurance info which didn't cover it. Luckily he had the same insurance agency as me so they figured out he also had a homeowners policy. We had to file a claim with them. He was kind of a little bit of a douche because he really didn't want to give his homeowners info. The insurance covered everything. Unfortunately it was a huge pain in the ass dealing with all of it and losing time at work and personal time going back and forth getting quotes and repairs done.