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Recently a ceramic drainpipe from the house I rent fell on…

Customer Question
Recently a ceramic drainpipe...

Recently a ceramic drainpipe from the house I rent fell on and damaged my car, which is not covered by collision insurance. What liability does the landlord have to pay for the damage?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

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Lawyer's Assistant: What state is this in? And how old is the car?

Pennsylvania, and the car is a 2001.

Lawyer's Assistant: Has anything been filed or reported?

They consulted their insurance company, but no claims have been made.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are many other structural deficiencies with the house, and I believe this to be a case of negligence.

Submitted: 4 months ago.Category: Legal
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3/9/2018
Lawyer: DamienJD, Attorney replied 4 months ago
DamienJD
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Lawyer: DamienJD, Attorney replied 4 months ago

Usually, the owner's car insurance would cover something like this. However, a car owner could have a claim against a landowner for property damage if there was a structure on the property that caused the damage to the car owner and the landowner knew or should have known about the need to fix the structure and did nothing to fix it (i.e., the negligence claim you refer to). So, there is a possibility that the car owner could receive damages because of the negligence. It is such an unusual situation. Usually, it involves trees.

We can discuss this more if you want to do so.

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Customer reply replied 4 months ago
My car insurance does not cover it, as I stated before. The landlord has contacted her insurance company, who have said it was an "act of god" and therefore not covered as it coincided with a minor storm. I would like my landlord to pay for the damage, as I believe it was caused by negligence--there are many other things about the house that are neglected--unsealed exposed brick, a railing screwed to drywall with no anchors, etc. What legal leverage do I have in the situation?
Lawyer: DamienJD, Attorney replied 4 months ago

Just because an insurance company does not want to pay for damages, does not mean there cannot be an underlying claim. In other words, the insurance company usually looks to its contract with the insured. Here, the insurer is telling the landowner it is not the insurance companies responsibility.

The owner could still be found liable if they were negligent i.e. had failed to keep the pipe in a good state of repair.

If though it was caused by unusually high winds (like in a hurricane or tornado) then the homeowner could have a defense.

If the car owner could prove negligence then there could have a case.

It is not so clear-cut as one would hope it would be.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Lawyer: DamienJD, Attorney replied 4 months ago

Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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