Contact   Imprint   Advertising   Guidelines

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

forum for kitesurfers


longwhitecloud
Very Frequent Poster
Posts: 2026
Joined: Fri Sep 11, 2009 3:15 am
Kiting since: 0
Style: Fast, anti lawnmower.
Gear: Wipika Freeair 8.5 2 liner and Picklefork.
Brand Affiliation: iansmusic.com - free music for your kite videos

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

Postby longwhitecloud » Thu Apr 20, 2017 9:45 am

the honorable thing would be for them to repair it, depends tho - if they were young poor rider i would let it go and wear it. #shithappens

User avatar
lovethepirk
Frequent Poster
Posts: 366
Joined: Sun May 10, 2015 7:04 am
Kiting since: 2015
Style: Sold my lawn mower...
Gear: 16m NRG, 14m NRG, 12m Switchblade, 10m NRG, 145x43 Tronic, 160x41 Glide
Brand Affiliation: None
Location: Naples, FL

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

Postby lovethepirk » Thu Apr 20, 2017 5:50 pm

---edited post entirely---

You need to read your insurance contract carefully, this is a contract issue b/w you and your provider. For instance here is my below policy definitions of comprehensive vs collision.

I didn't realize until now both collision and comprehensive both state an object can be involve. Therefore, it is up to HOW the object caused the damage. To be comprehensive the 'object' must be 'falling'. I strongly agree this damage was caused by a falling kiter!

Get after your insurance company. Press them hard.

Image
Last edited by lovethepirk on Thu Apr 20, 2017 10:02 pm, edited 1 time in total.

User avatar
jeromeL
Very Frequent Poster
Posts: 631
Joined: Thu Sep 04, 2014 6:22 pm
Kiting since: 2014
Local Beach: Tobay beach, NY
Bayville, NY
Oak beach, NY
Gilgo beach, NY
Plumb beach, NY
Style: big air, freestyle
Gear: Fone Bandit 2014 12m^2, 2015 9, 2015 7, 2015 14
Best GP 2015 9m
Nobile Fity/50 138cm
Naish Apex bindings.
Brand Affiliation: None
Contact:

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

Postby jeromeL » Thu Apr 20, 2017 6:07 pm

Alternatively, looking at your gear you can use a Slingshot, RRD, Liquid Force or Dakine sticker to cover the scratch up ;)
Depends if it's truck SUV or town car I guess.

Thanks for sharing, I will think about it when parking near a launch.

User avatar
POACHER
Very Frequent Poster
Posts: 985
Joined: Tue Jul 08, 2008 5:48 pm
Kiting since: 2002
Style: freeride/freestyle
Gear: All kinds.
Location: Gichigami

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

Postby POACHER » Thu Apr 20, 2017 6:57 pm

I like how the first item covered is A.) Missles

wtf.

I suppose given the current state of politics that one could come into play....

KitingPolak
Rare Poster
Posts: 49
Joined: Sat Jul 30, 2011 7:26 pm
Kiting since: 2010
Local Beach: Metro Beach
Style: Free
Gear: Slingshot Key HD 10m
RRD Obsession 13.5m
Boardriding Maui Cloud 17m
Pansh Aurora 18m
Slingshot Ignition 140cm
Liquid Force Fish w/Foil Fish
Dakine Pyro Harness
Brand Affiliation: None

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

Postby KitingPolak » Thu Apr 20, 2017 9:30 pm

rddvet wrote:
Thu Apr 20, 2017 3:09 am
Some idiot decided to get a board out of his car still flying his kite.
I've seen people do this too unfortunately.

Regarding my incident, the person is checking with their homeowners policy. I'm glad I asked this question here because I didn't think of this option.

This was obviously not intentional and we both learned our lesson so I'd like for both parties to end the experience with the least amount of financial damage and additional hassle as possible. Again, that's why I asked here.

I'm still curious how this would be handled if the other kiteboarder was a minor - would the responsibility then lie with his or her parents? Or what if the kiteboarder didn't leave contact info and I didn't know how the damage got there? Would my auto insurance still assume this was a collision even though it's obvious it wasn't a car that hit it?

Kite safe!

KitingPolak
Rare Poster
Posts: 49
Joined: Sat Jul 30, 2011 7:26 pm
Kiting since: 2010
Local Beach: Metro Beach
Style: Free
Gear: Slingshot Key HD 10m
RRD Obsession 13.5m
Boardriding Maui Cloud 17m
Pansh Aurora 18m
Slingshot Ignition 140cm
Liquid Force Fish w/Foil Fish
Dakine Pyro Harness
Brand Affiliation: None

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

Postby KitingPolak » Thu Apr 20, 2017 9:35 pm

lovethepirk wrote:
Thu Apr 20, 2017 5:50 pm
I can think of another scenario in case the guy failed to hook in his harness and it was a falling object 4(b) :P
Well, if you can call a person an object then it was 4(b) for sure.

User avatar
lovethepirk
Frequent Poster
Posts: 366
Joined: Sun May 10, 2015 7:04 am
Kiting since: 2015
Style: Sold my lawn mower...
Gear: 16m NRG, 14m NRG, 12m Switchblade, 10m NRG, 145x43 Tronic, 160x41 Glide
Brand Affiliation: None
Location: Naples, FL

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

Postby lovethepirk » Thu Apr 20, 2017 9:54 pm

KitingPolak wrote:
Thu Apr 20, 2017 9:35 pm
Well, if you can call a person an object then it was 4(b) for sure.
Hey, I just had a look at my contract again and I actually think you are correct in that it is comprehensive. Collision and comprehensive both state if an object hits your car it is in force, the only difference b/w the two is it is comprehensive if the object is 'falling'.

That guy was 20ft up and screaming for his life!...he was definitely falling! That is a falling object. Don't let up on your insurance company...get that covered under comp and have the guy pay you $100 + $300 for wasting your time.

I know some of this post is tongue and cheek, but seriously...contracts are based on reasonable thought...if a fight broke out next to your vehicle and a guy got slammed into your vehicle your are not dealing with collision. The reasonable language is you are in the right to claim comprehensive, but you have to fight for it or take it in the :baby: Good luck :thumb:

Falling:
to drop or descend under the force of gravity, as to a lower place through loss or lack of support.


Return to “Kitesurfing”

Who is online

Users browsing this forum: Bing [Bot], borist, MSNbot Media, opie and 12 guests

cron