[Trooper27]

My fence was damaged due to a car accident. A temporary fence was put up to mitigate any damages. A few days later, someone came through the damaged area and stole my lawnmower. Does anybody know how the courts rule on this type of situations. The insurance co is trying to dis-associate from the mower loss. They will pay for the fence and nothing more. It appears this one will be settled in small claims. This is in Colorado.

How do I proceed? And How do I present my case to judge?

Thanks for your responses.

[twinkiedooter]

Would the thief have stolen your lawnmower if the other fence was there instead of a temporary fence? I think the insurance company is correct when they are declining to pay for the mower as that was a separate incident. Had the fence and lawnmower been the same incident, then possibly they would pay for it. How expensive a mower was it? Would they have paid for the mower loss in a separate claim?

[JudyKayTee]

My fence was damaged due to a car accident. A temporary fence was put up to mitigate any damages. A few days later, someone came thru the damaged area and stole my lawnmower. Does anybody know how the courts rule on this type of situations. The insurance co is trying to dis-associate from the mower loss. They will pay for the fence and nothing more. It appears this one will be settled in small claims. This is in Colorado.

How do I proceed? and How do I present my case to judge?

Thanks for your responses.

You can always take the insurance company to Small Claims Court - but are you asking whether your Homeowners would pay this claim OR whether it should be paid by the motor vehicle operator?

I see no responsibility/liability on the part of the motor vehicle operator. Your homeowners deductible may be higher than the value of the mower.

Not saying it's right but the MV insurance argument is going to be that you had a responsibility to safeguard your property (chain it, something along those lines) and the temporary fence did not do that. The MV accident was not the proximate cause of the loss.

As my colleague Twinkie said - don't see that you have any means of proving the theft would not have happened with the permanent fence in place.

[Fr_Chuck]

Since they put a temp fence up, you have some liability to protect your property also. If this temp fence was not secure why did you not put in a more proper fence

[Trooper27]

Since they put a temp fence up, you have some liability to protect your property also. If this temp fence was not secure why did you not put in a more proper fence... Fr_Chuck

You had a responsibility to safeguard your property (chain it, something along those lines)... JudyKayTee

How expensive a mower was it? Would they have paid for the mower loss in a separate claim?. twinkiedooter



Fr Chuck - I put up the temporary fence, while estimators were checking the damages. The claims adjuster stalled the repair because he was wasting time debating if they should cover my tree that was also damaged or not. I couldn't put a more proper fence because the tree and fence needed estimates.

Judykaytee - I thought by me putting the temp fence, that was taking responsibility to mitigate the situation.

twinkiedooter - The mower cost $500+. How do I claim the mower loss in a separate claim?
Need more help on this.

[twinkiedooter]

The mower loss would be under your homeowner's insurance as it was stolen from your property. This had nothing to do with the auto accident and the auto accident does not have to be mentioned. Hopefully there is a separate police report on this theft. And your homeowner's deductible is less than the mower, otherwise you are out of luck on recovering the cost of the mower.