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damage to car from ice falling off roof in MA

Submitted by Slibe on Mon, 03/14/2011 - 08:05
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I live in a neighborhood where the buildings are close together and right up against the driveways. So a couple of weeks ago a big chunk of ice fell off the neighboring building and landed on the hood of my car. My insurance company says I'll have to pay the deductible because there's no indication that the owner of the building was negligent. That doesn't seem right to me and I was wondering if there is anything I can do to get the money from the owner of the building? Thank you.

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Negligence of neighbor re ice

Submitted by The Editor on Mon, 03/14/2011 - 09:41.

Yes, the legal issue comes down to whether the owner of the building was somehow negligent with regard to the ice.  For example, if there was a history of ice falling from the roof on to the driveway, that might create a duty on the part of the owner to prevent future accidents.  However, without resolving that issue one way or the other, you can send a demand letter to the owner of the building and let him know of your good-faith belief that he was negligent.  Let him know that you intend to take him to small claims court if he does not cover your deductible.  It is possible that the owner, or his insurer, will simply cover your deductible rather than dealing with the inconvenience of going to court.  Good luck.

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