The People’s Court

[Simple]

A couple weeks ago I let my brother in law borrow one of my vehicles. He was going out of town and left it over night at the airport. The reason why he borrowed the vehicle was because he had an overnight business trip and his return flight would arrive at the same time his parent’s flight arrived and they would come home together. He has a small car and it would be impossible to fit all of them with luggage.

Anticipating a phone call to let us know they returned ok we get a frantic call from my brother in law saying “your car has been attacked”. Well when I herd that of course I think it’s been vandalized or stripped…He’s calling from his cell phone in his driveway and says somebody threw a rock at the vehicle and shattered the rear window. So we load up the kids and drive over. His house is down the street from us. On the way we come across a bunch of debris in the road…a few 5 gallon tar buckets, wood, shingles etc. Obviously a roofer has lost his load. We pull in his driveway and notice that a section of the right rear window has been shattered. He denied seeing any debris in the road and swears somebody threw something. We stand there and give it our best FBI effort and decide one of three things happened, he ran into the debris, another car ran into it and it deflected up or somebody threw something. My brother in law believes somebody threw something. I think he ran into the debris.

Who is responsible for the damage?

Repair cost: $851.00

Deductible: $500.00

Any and all responses would be greatly appreciated.

Mike

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[tomtuttle]

I think since the car was in his possession at the time, that he should be responsible for it. It was "his" car at the time, and if a similar incident occurred to "his car", he would have to deal with it. You should not have to suffer economic hardship as a result of loaning your vehicle.

This may not be anybody's "fault", but the fact remains that there would not have been any damage if he did not have your vehicle at that time.

I think most people know "the right thing" when they see it, but don't always have the courage to do it. Seems to me that the right thing is for him to return the vehicle to you in the condition he got it.

Good luck. :crap:

[Hobbit]

Of course, family always complicates matters.

FWIW......Try to get the family together (the interested parties) at a sitdown and discuss like adults. Unfortunately, money matters are the worst offenders in family arguments. If that should not be fruitful, you will be forced to make a unilateral decision.

IMO..the BIL is at least morally responsible. He should do the right thing and offer to pay the deductible at least. Legally, I don't know. The vehicle owner is probably responsible. Might want to check his insurance. Sometimes policies insure a driver using someone else's vehicle or rental car. ???????

If he refuses to acknowledge responsibility, probably best to just pay it yourself and save the family hassle:rolleyes: ............of course make note for the future!!

[MikeC]

There is no doubt about it. Your BIL is morally and legally responsible for any out of pocket expense you incur after your insurance co. pays .

If he doesn't offer to pay up willingly, it's up to you how far you want to push it. You could start a family feud.:bonk: Only you know if it would be worth all that.

[flatfloor]

Ditto, all above.

[Rob Z]

Hi Mike

Sorry this happened!

If I borrowed someone's car and something happened to it, I would get it fixed on my dime. The fact that you are having to discuss this sounds like he isn't going to step up to the plate and do what's right. :mad:

This is part of the reason why my list is getting shorter and shorter of who I loan out my tools and trucks to.

[cx]

I agree with Rob.

BIL should have immediately said he would take care of it. Period.

Also agree with Harold.

Suggest that BIL check with his insurance carrier. My insurance covers me while driving anything considered for "incidental use", including borrowed or rented vehicles. Maybe his is the same.

If he doesn't do right in this situation, you have been given a very important lesson about this particular family member for only $500. It's frequently a lot more expensive. :)

My opinion; worth price charged.

[Rob Z]

"If he doesn't do right in this situation, you have been given a very important lesson about this particular family member for only $500. It's frequently a lot more expensive. "

Once again, CX's wisdom is worth far more than two pieces of copper. That pearl of CX's also applies to ex-spouses. :D

[Bri]

Hi
If he doesn't offer to pay the bill, then pay it yourself and never mention it again. Life's too short to be feuding with family over money. Besides...it won't take you long to drink $500 of his beer over the next few months...you know...just dropping by for a friendly visit every few days....with your buddy's ?:D

[Sonnie Layne]

It may well be that his insurance will cover it.

Otherwise, you could just run up his tab at the local pub.

Sorry you've had the problem. I agree that money changes attitudes. Try not to lose sight of the long term.

[tileguytodd]

I used to have a list of people i would borrow tools too.It got smaller and smaller then dissapeared alltogether(its probobly sitting with all the tools that got lost too.

Joe neighbor: hey i am working on my deck could i borrow a drill and a chop saw?

Me:Can i borrow your office and secretary??

People just dont ask anymore :D

[Sonnie Layne]

The only people that borrow things from me bring them back. I'm lucky...

It's the "will work for food" people that keep borrowing things and forgetting where they sold them.

[IBJT]

Fault and responsibility... :(

We don't really know who's at fault. But with possession comes responsibility.

At least it's fixable and nobody got hurt.

I'm with Bri. If he dosn't pay up.... don't make it a mountain.

From his viewpoint he may have some reasons, can't think of any myself.

Live and learn... :bang:

But remember that family IS

Ditto to CX and Rob!

My ex bother in law still owes me $325 from a kicked in fender that shouldn't have happened. It's often best to just let things pass.

[Simple]

Thanks for your responses...I called my insurance co and they said legally he's not responsible and his ins. co will not pay. We'll put some duck tape to use until after Christmas. Thanks again!

[Rob Z]

Good one, Todd! :D

[Mick]

I'm, just curious if your insurance covered the window after all?Did the BIL ever offer to pay for anything? Did he replace the gas he used ? It sounds like some major character issues with your BIL and even if he bought beer for you at the pub would you really enjoy talking to him ?

Mick

[John Bridge]

Hi Mick, Welcome. :)

Mike (Simple) comes and goes. You can email him if he doesn't show up.

[Simple]

Mich,

The BIL never offered to pay for anything ie. deductible, gas, toll, beer... Now that some time has passed, he now claims it be be an act of God and he's not responsible. The guys a F'n jerk off!

[Ken Frango]

with zero deductable is very inexpensive insurance. At least here in AZ. It's almost crazy not to have it. :bonk: 'cause afterall it is glass. esSpecially in AZ, land of high speed flying gravel. I think we're on our fifth windshield in eight years in AZ. Never shelled out a penny. They even come to your driveway- home or work and change it out.

I got rid of everyone of my four BILs simply by lending them money. My only regret being I didn't think of it twenty years ago.

[cx]

Hey, Mike, what if that same car were to unexpectedly run over that same BIL? Now that would be an "Act of God" by any standard.

Just a thought to brighten up your holiday. :D

[flatfloor]

You know how sometimes you get an mental image of what somebody looks like and they are rarely what you think? You are the exception. Doesn't that hat blow off chasing owls? :D