Augh, so frustrating...

[Kipcha]

So we were performing for a school carnival and they had all these tents set up outside. Long story short, a big wind picked up, one of the tents blew away and slammed right into my Mom's nice 3 month old van.

There are scratches and dings all over her van now because the tent literally hit the van, rolled over it, and scratched it the entire way around, so except for the hood and the back, there are dents and scratched the entire way around. The people at the event insisted that the school district had insurance and they would cover fixing it, no problem.

So Mom spent the day running around getting quotes and such, she came back with a quote of $3236.00 in damage.

Well, now the school district is backing out, claiming this falls under "an act of god" because the wind came on so suddenly, but this is really make me mad because how on earth is this "an act of god"? They didn't secure the tent to the ground! If it had been secured, then it would not have flown up and rammed into the van! It was where they told her to park it, it was their tent, it's their fault!

It's just so frustrating because they kept insisting that they would get it fixed and now their claiming they won't. Mom's been extremely stressed, last thing she wants is rust, this thing is brand new and we've only had it for three months!

Daresay this is the last time we do any kind of favor for performing for this school division....

 

[Imbrium]

yeah, failure to tie something down that's flimsy and prone to being lifted by any sort of wind is NOT an act of god >.>

I really hope you can get them to cough up for the repairs!

 

[Rescuemom]

"an act of god".... LOL... If this was happening here in Calgary... WHAT IN THE WORLD are they talking about? Wait five minutes, our weather changes - whether it's suddenly windy, suddenly hailing, suddenly raining, snowing, whatever have you... Ugh. That would make me seriously mad.

 

[agnesthelion]

Oh no that's too bad!! I sure hope they fix it because I agree a tent hitting the car is not an act of god.

 

[gmas rabbit]

It is up to your insurance adjuster to make access who is at fault - the school district or God. The school board has nothing to say about it. Talk to your insurance company and let them handle it.

 

[Nancy McClelland]

Her insurance will straighten them out--Negligence is not an act of God.

 

[rpuckett]

As an insurance agent (though granted I am licensed to only handle 17 states and have no experience with Canadian insurance) here are my general thoughts:

If the vehicle is financed (it is three months old, so I am going to assume it is) then typically full coverage insurance is required to cover the potential risk to the loss payee. It could be filed as a comprehensive claim (which includes things like theft, vandalism, hail damage, fire, tree, collision with an animal. Mother nature type stuff, or out of your hands sort of thing). She should be able to pay her deductible Most finance companies I am aware of don't allow more than a $1000 deductible. Which is a lot, but less than the estimates you all received.

The school is possibly liable depending on who owns the tents, who set up the tents, and so on. But personally, my family is fighting with one of my brother's high school because he has been seriously injured due to their negligence, and while they are dragging us around and wasting everyone's time, I think it will come down to them saying that it was someone specifics fault, and we would have to take legal action against one person and not the school.

The claims adjuster is going to decide how things end up, and your mom will have to make a choice about the options she gets.

Insurance is crazy. Trust me. 0.0 Stinks about the car, though. I would probably Hulk out if that happened to me.