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cubfan2 · May 22, 2009, 07:12 PM

My Wife and I moved into an apartment complex last fall and there are softball/soccer fields behind our building. Our 2 story building runs parallel with the 3rd base foul line. Recently softball season started and about every night 1 softball goes foul and hits the roof of our building. Sometimes they roll back off the back of the building, but other times they go over the peak of the roof and land in the front of the building in our parking lot. Last night one came over and hit our neighbors car and put a sizable dent in her fender. She went over and talked to ump and he said it would be considered an act of God. Is that true? Is she stuck paying her deductible on her car insurance? There are nets along the 3rd base foul line to catch foul balls, but they do not go back toward home plate enough. The softball fields are ran by the city and all of our parking spaces are assigned by apartment management so we have no choice where we park. Can she go after the city or the apartment management for repairs to her vehicle since it is known that balls occasionally go foul and appropriate measures have obviously not been taken to keep the balls on the field. Thx

excon · May 22, 2009, 07:19 PM

Hello c:

She can certainly make a claim on the city. I think they're responsible.

excon

hkstroud · May 22, 2009, 07:58 PM

Didn't know God played softball. If he does, who's side is he own?

nikosmom · May 22, 2009, 11:00 PM

In this case, she can pursue the city for the damages since they are responsible for not having adequate netting protection to prevent the balls from flying over to your apartment complex.

But to answer your first question, No- the renters insurance would not pay for the damages to her parked vehicle. Although this is not necessarily considered an "act of God", the Comprehensive coverage on her auto policy would still cover the repairs.

ballengerb1 · May 26, 2009, 08:24 AM

Not an act of God and renters insurance does not cover the car. I would make a claim to the city, they have insurance to cover their liability. Often a city may initially deny a claim but be persistent.

ScottGem · May 26, 2009, 08:43 AM

Ball is right here. Either the city or the league using the facility will have insurance to cover such eventuality. Find out where the office of the league is and have your neighbor send them AND the city a claim for the cost of the repair.