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BeckG · Jun 5, 2012, 07:08 PM

She got an estimate for me to pay for her damages. Who is responsible for paying for damage to my garage and damage to her car. She did the damage not me.

ballengerb1 · Jun 5, 2012, 07:17 PM

Let me know if I got this right. She drove HER car and hit YOUR garage. Who pays for the damage to the car and who pays for the garage damage, right? She pays for both whether she or you have insurance. She must be in control of her vehicle at all time to avoid and accident.

BeckG · Jun 5, 2012, 07:28 PM

Originally Posted by ballengerb1

Let me know if I got this right. She drove HER car and hit YOUR garage. Who pays for the damage to the car and who pays for the garage damage, right? She pays for both whether or not she or you have insurance. She must be in control of her vehicle at all time to avoid and accident.

We were on vacation and she stored her vehicle in my garage. Our flight was late 1:30 a.m. she was asked to stay over as she seemed tired. She declined, the garage door started to come down when she backed out, she hit it. I felt bad about it. But I am not clear about who pays for what. I thought I would get an estimate on my garage and subtract that from her estimate, and we split the balance 50/50.

Wondergirl · Jun 5, 2012, 07:28 PM

Do you and she each have insurance--you homeowners and she auto?

As far as I can see, this is all her problem for repairs.

BeckG · Jun 5, 2012, 07:40 PM

Originally Posted by Wondergirl

Do you and she each have insurance--you homeowners and she auto?

As far as I can see, this is all her problem for repairs.

Yes, we both have insurances, I was thinking that I get an estimate for the garage door and deduct the difference from either of our estimates, then we split the balance. I'm afraid she will not be happy with this even if she the liable party. What do you think?

Wondergirl · Jun 5, 2012, 07:43 PM

Why on earth do you feel responsible? You aren't!

Did you each report this to your insurance agents?

BeckG · Jun 5, 2012, 07:45 PM

Originally Posted by Wondergirl

Why on earth do you feel responsible? You aren't!

Did you each report this to your insurance agents?

We will be calling tomorrow... I will let you know what they say... thank you for your support.

Wondergirl · Jun 5, 2012, 07:46 PM

Please let us know what your agent says and what happens.

Fr_Chuck · Jun 5, 2012, 08:21 PM

Yes, she is or should pay for the damage to your door, and for her own car, You do not owe her money for her damages.

If you start trying to pay for some or split the difference, you open yourself up and accept liability, normally you never want to admit any fault or liability.

You tell her she owes you for the door. Do not talk or ask her insurance company, you can talk to yours.

ballengerb1 · Jun 6, 2012, 08:01 AM

"and the garage door started to come down" they do not close all on their own, who pushed the button. What/who closed the door will determine liability.

smearcase · Jun 6, 2012, 08:25 AM

I agree with the answers you have gotten so far, but wonder why the door was coming down as she was backing out. The way you have described it sounds almost like your door hit her car and if the door malfunctioned or someone was tired and hit the wrong button. Can you describe one more time precisely what occurred?

Sorry ballenger, I hadn't seen your latest post when I did mine.

AK lawyer · Jun 6, 2012, 10:12 AM

I believe there are only two possible scenarios under which OP's homeowner's policy (or OP, for that matter) would be liable for the damage caused by the garage door:

OP or someone else (other than the driver of the car) pressed a button directing the door to close; or
the garage door somehow was defective and malfunctioned.

The insurance adjusters (for the respective companies) might want to look into that.

OP might want to pay something to reward her for watching their house, but (other than as above) would not be obligated to.

JudyKayTee · Jun 6, 2012, 10:34 AM

Liability investigator raising her hand - AK summed it up pretty well. WHY did the door come down? She pushed the button, someone else pushed the button, the door is/was defective?

Her car was damaged by your door - what did she do that she either shouldn't have done (pressed the button) or what didn't she do that she should have done (didn't wait for the door to go all the way up and backed into it as it was going up).

I don't think this is all that clear cut.

BeckG · Jun 6, 2012, 09:34 PM

Spoke with our insurance, stated she was responsible, he gave us his number to give to her, so he could tell her. She cornered me at work. She was upset that I was not going to pay for her car. She stated, it was clearly our fault. I suggested to let both of our insurance carriers work out this situation, that is why we have insurance. She was not happy with my response, a little stressful at work today. Thank everyone for your advise I appreciated the feedback.

ScottGem · Jun 7, 2012, 03:35 AM

But you didn't answer the $64,000 question. WHY did the door start to come down? That is at the heart of the whole matter. If the door was defective you both sue the door manufacturer to recover your losses. If she pushed the button for whatever reason, then the full responsibility is hers. BUT, if you pushed the button, for whatever reason, then responsibility is yours.

smearcase · Jun 7, 2012, 04:24 AM

Maybe if you gave her a good explanation of why this was her fault, she would cool down.
You do have that good explanation ready-don't you?

JudyKayTee · Jun 7, 2012, 05:27 AM

I disagree with your insurance company based on what you have posted and what you have chosen not to post. My advice to her is to sue you in Small Claims Court, again, based on what I have read so far.

AK lawyer · Jun 7, 2012, 11:03 AM

Originally Posted by JudyKayTee

I disagree with your insurance company based on what you have posted and what you have chosen not to post. ...

You disagree? The insurer said OP is not at fault (Post #14). What's wrong with that?

JudyKayTee · Jun 7, 2012, 11:51 AM

Someone closed the garage door - who was that? Unless the "friend" had her own opener I'm thinking it was the OP. Again, more info needed.

If the door closed magically it's not the friend's fault; if the door closed because the friend closed it on her own car it IS her fault. I still haven't seen how/why the door closed on her. I'm an investigator (which we all know). I would check the electric eye, also, to see if it functioned properly.

I don't think the "not the homeowners fault" statement is necessarily correct.

Wondergirl · Jun 7, 2012, 11:59 AM

Originally Posted by JudyKayTee

Someone closed the garage door - who was that? Unless the "friend" had her own opener I'm thinking it was the OP. Again, more info needed.

Yes, who was operating the remote to open the door--the friend had the remote in her car or the homeowner was operating the remote from inside the house? Then, did that person accidentally push the button again for "close," catch her mistake (but not in time), and then hit "open" again?

This is what I had hoped the insurance adjusters would figure out and add to the report.