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

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longwhitecloud
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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

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lovethepirk
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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.

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jeromeL
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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.

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POACHER
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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
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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
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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.

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lovethepirk
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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.

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

Postby KitingPolak » Tue Jul 25, 2017 8:25 pm

To close this threat out - it all ended well. I did all I could to get the repair costs down and the other kiter reimbursed me immediately, even throwing in some free car washes for the trouble. Couldn't have had my car hit by a nicer person.

Stay safe out there!

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

Postby BWD » Tue Jul 25, 2017 11:12 pm

In another life my windsurf board blew off my roof rack before I got a strap secured at crissy field SF and landed on an older, non-sailor guy's fender, made a hand-sized divot.
I offered to pay immediately, he declined. Looked like he had other things on his mind and came down there to think them over, didn't care about dents or foolish youngsters.
Hope he's doing well. It's always good if you communicate and avoid letting small things come between you and others. :thumb:

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

Postby EricSanders » Tue Jul 25, 2017 11:37 pm

Dang, did this happen at Metro? You're right about keeping the car out of the line of fire. I'll need to be more aware that.


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