Foul Ball Breaks Windshield - Who Pays?

[ICCYFAN]

I coach a 10U baseball team. During our third game Saturday, my son fouls a ball straight back, over the backstop and supposedly into the windshield of a SUV. I couldn't see where the ball ended up so I don't know if it hit the car or not; there were probably five - ten foul balls that ended up back there over the course of this game.

At the conclusion of the game, a guy approaches my son and asks where his parents are. I step forward and he says he wants my insurance information because I'm paying for his new windshield. His demeanor was agressive. I stayed calm and indicated I thought he was incorrect; he parked his car in "harm's way" and there's assumed risk in doing so at a baseball game. He said he'd called his insurance agent, who told him I was responsible. I gave him my name and phone number and told him to have his agent call me.

I called my agent who told me there "might" be coverage under my homeowner's policy (Damage to Property of Others). He further advised that I pay it out of pocket, as there'd be an automatic "surcharge" to my policy that'd cost me in excess of $500 (over a 3 year period) if I turned it in.

The guy called and left a message last night that I have yet to return. I don't believe my son is responsible for this broken windshield and it doesn't matter that my homeowner's insurance might have coverage; I'll end up paying for it one way or the other. I'm thinking of telling him that I won't pay and he can take me to small claims court if he wants to pursue it.

Anybody have a similar experience? Anybody have any advice as to how I should handle this?

 

[brianhos]

You park near a baseball diamond, you pay for the windshield, simple as that.

 

[ICCYFAN]

You park near a baseball diamond, you pay for the windshield, simple as that.

I assume you mean the vehicle owner and not me, the parent of the boy who most likely hit the foul ball that did the damage. :wink0st:

 

[brianhos]

Tell him to PROVE it was your son's ball that hit it, tell him to take you to small claims court. He cannot prove which of the foul balls was the problem, so he has no case at all.

That is the problem with society now anyway. No one wants to take responsibility, they just want everything handed to them. This is not your problem, I would have told him to kiss my a$$ when he asked for my info.

Your agent should have told you it is not your problem. Life has unexpected costs, and this guy did not do his best to make sure a ball did not hit his car.

When I go to an I Cubs game I park a long way away, so I do not have to worry about getting hit.

Think of it this way, if you are driving down the interstate, and a rock flies up from another car and breaks your windshield (happend to me last week). Who is responsible? The other driver? No, you are.

 

[brianhos]

I assume you mean the vehicle owner and not me, the parent of the boy who most likely hit the foul ball that did the damage. :wink0st:

Yeah the owner of the vehicle. Sorry this has me steamed.

 

[cybsball20]

Look around the park, most baseball parks have a sign saying that the vehicle owner is responsible for any damage caused.

 

[AirWalke]

Seems pretty shady to me, especially if there were more balls that fouled back that way. How can he be sure it was your son's ball that hit his windshield? I would have to agree, though, if you park that close to a baseball diamond, there's an assumed risk that a stray ball will hit your car.

 

[Cyclonesrule91]

Did your son park his SUV?
Did your son tell the fence builders how high to make the fence behind home plate?
Did your son tell the pitcher to pitch to him in a way that if hit, he would foul ball it over the previously mentioned fence?
Did your son have any influence on where vehicles should be parked when someone is coming to the game?
Did your son intentionally hit the ball so as to break the windshield on the SUV he parked?

If all answers are "YES", then you are at fault, otherwise I would tell him to find another sucker to pay for his windshield. I used to manage a fleet of trucks that hauled feed and grain on gravel roads. Every once in a while, they would throw a rock at the wrong time when meeting a car going the other way. When they called, I usually just paid for the windshield to keep the good name, but I was told we were not liable for breaking their windshield. I would say oncoming trucks would be a lot more liable then a baseball player.

 

[SlyCy]

I wouldn't pay for it. He can't prove that it was your son's fould ball that hit it. Right? Any witnesses? Maybe he could get some money out of the park for not having a high enough backstop. :biggrin9gp:

You should look it up on the internet to see what others have done in this situation. You can't be the first.

I'd be a rich man if I could sue every dump truck that I thought kicked up a rock and chipped/cracked my windshield.

 

[cybsball20]

Maybe it's the pitchers fault? He gave the ball the initial momentum, your son just deflected it a bit, was his son the pitcher? Did your son get a hit later in the AB?

 

[trevn]

I agree with what's said here. I'm not a lawyer by any means, but I'd tell the guy I'll see you in court. He'll have a very hard time trying to prove that it was your son's foul ball that broke the window if there were multiple foul balls that were hit during the course of the game. Furthermore, people like that make me sick. I parked my car near a ball diamond in harms way and my windshield got broken. It has to be someone else's fault. I wish people would take responsibility and quit blaming others for the consequences of the decisions they make.

 

[bos]

He doesnt need to prove that the ball is your sons, because it doesnt matter. He is the idiot who parked close. He is responsible for it not you. I hate people like that.

 

[coachdags]

Sorry, you are not going to want to hear this...

The person who hit the ball (or his Gaurdians are responsible)... and yes your homeowners will cover it but dedeuctable is usally high...

Have had this happen to me, with my son on a baseball situation (Homerun made it easier) and myself hitting a car with a golfball...

It Sucks...


You can refuse, they can sue and then it will cost you even more...

 

[ISUonthemove]

Sounds like the guy is a Hawks fan. I agree with brian, tell him to prove that it was your son's foul ball. And while he is ******** to his lawyer on the phone, deflate one of his tires. Gets em every time

 

[SuperCy]

OK, here's the deal. By parking there, the owner of that car is taking the risk that something may or may not happen. There is always an inherent risk that something might happen. It is his responsibility to make sure that his car is safe and out of the way. If something were to happen, then so be it.
If it were done on purpose then it is an entirely different story.

Now, under most homeowners policies there is a Damage to Other Peoples Property provision. Most of the time there is a set limit on how much that can be. Usually the limit is $500 or $1000. Not much. Most of the time they are just small claims that get turned in. Like you're kid running into a parked car while they were riding their bike.

You can turn it into you agent and there is nothing saying that your company will pay out under your policy. There is a chance that they will deny the claim based on the vehicle's owner's lack of due diligence. Now, if your insurance company denies him and he sues you in small claims then your insurance company is contractually bound to represent you at no cost to you. That's what you pay your premiums for.

If you decide to let him take you to small claims then who knows what will happen. I'd think that you have a pretty good shot. Especially if you have witnesses as to where it was parked. If it does come to this, take photos, diagram interview witnesses, have them testify in your behalf. It can be beaten.

If you have any other questions, PM me. I work claims and have seen things like this on more than one occassion. Just know that this is not legal advice. :biggrin9gp:

 

[wartknight]

I've seen countless dents and windshields broken at baseball/softball games. Never once has the person who got their vehicle dinged even suggested that someone else pay for it. Tell the guy to take you to court if he wants the money and then file a counter-suit to cover your lawyer costs when you win.

 

[bos]

i still fail to see why this is the kids fault. maybe it was the pitchers fault for pitching the ball too fast, too much spin, too low or high to cause the angle of which the bat connected to foul the ball. Or lets go after the maker of the bat.

 

[pulse]

Tell him to PROVE it was your son's ball that hit it, tell him to take you to small claims court. He cannot prove which of the foul balls was the problem, so he has no case at all.

That is the problem with society now anyway. No one wants to take responsibility, they just want everything handed to them. This is not your problem, I would have told him to kiss my a$$ when he asked for my info.

Your agent should have told you it is not your problem. Life has unexpected costs, and this guy did not do his best to make sure a ball did not hit his car.

When I go to an I Cubs game I park a long way away, so I do not have to worry about getting hit.

Think of it this way, if you are driving down the interstate, and a rock flies up from another car and breaks your windshield (happend to me last week). Who is responsible? The other driver? No, you are.

I agree. Screw him. The guy can't prove it, and the waste of time and money pursing it in small claims would be ridiculous.
He may go and bash your windshield if he has anger management issues, but hey... he'll get arrested for it as long as you can prove it. :biggrin9gp:

 

[brianhos]

Isn't any accident that occurs in a parking lot considering a "no fault" accident? If his car is in that lot, it should be equally his fault, and he should pay for his own repair. I would not admit to anything, I am not even really sure if that was a baseball that hit it. It could very well be the hale-bopp comet that hit your SUV.

 

[tec71]

Make him take you to court. Most likely he won't. He'll either pay for it himself, or file it under his insurance. It's unlikely the insurance company will chase you for the price of a new window. For all the reasons stated above he should lose. (note the word should, not will). More importantly if he's aggressive, start keepng a journal of your contact with him. Start by cutting and pasting your timeline you started this thread with. Then make notes everytime he contacts you. Sometimes people like this like to lean on you to contribute to it by saying things like "you don't want your kid to have to testify do you? my lawyer will shred him." If he takes you to small claims, you post here and I'm sure the people here, including a couple of us lawyers will help you prepare to destroy this moron. this guy will regret messing with the cyclone community.