Daughter hit mailbox and rolled car , question
she’s ok thank God.
here’s the background
Paid cash for car 15000
Thought she was responsible so I only had liability insurance. The repairs are going to be at least 12,000. The car is pretty new and I’m really kicking myself for not having comprehensive insurance but I’m here now.
should I pay to get it fixed or just junk it and put 12000 into a older , higher miles (unwrecked ) car ?
Ros
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thorhammer: 30166182116251/comments/-1
Get a lawyer on this at once. Here in Minnesota if you have an obstruction like that stone mailbox, you are liable for any damages to a vehicle if it hits it. You have to remove heavy objects on a boulevard and cannot have large stones for decoration. Do this at once as the homeowner may file a suit at you to fix his mailbox, and your suit would only go against his homeowners policy, otherwise your inaction will cost you 12 grand. I hope this helps but get legal help right away and don't blame your daughter. If it was a wood post and she hit it would only be a minor damage, not 12K.
You know, mailboxes (stone or otherwise) don’t damage cars that stay in the roadway. When consequences are inconvenient, it’s real easy to pretend like the problem is someone else’s fault.
And….just because a suit would go against the person’s homeowner’s policy (which would still negatively affect them), it doesn’t make it right to turn the situation on them.
If in this situation personally, I’d have my daughter at their door assuring them of mailbox replacement, not demanding they pay for her mistake.
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Let's look at it another way.......the daughter could have been seriously injured by an illegal obstruction planted there by the homeowner, the car rolled from that stone mailbox. Accidents happen and this one was compounded by the homeowners stone mailbox, a wood or metal post would not have rolled the car. How about she was driving down the road and swerved to avoid hitting a dog or kid that ran out in front of her, Your thinking would be to hit the kid or dog to avoid going off the road. These boulevard obstructions cause unjust damage and the homeowner needs to be the responsible party in this accident.
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Disagree completely! The mailbox was on private property and a stationary object, the vehicle was supposed to be under the control of a living person, no matter what other circumstances the mailbox and it's owners were not the cause of the accident. I'm glad the OP daughter is OK, but no way was the mailbox or home owner at fault. Those of you saying different, do you also blame the gun in a shooting?
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Ruger4me: 30166182116251/comments/-1
Disagree completely! The mailbox was on private property and a stationary object, the vehicle was supposed to be under the control of a living person, no matter what other circumstances the mailbox and it's owners were not the cause of the accident. I'm glad the OP daughter is OK, but no way was the mailbox or home owner at fault. Those of you saying different, do you also blame the gun in a shooting?
The mailbox was not on private property; it was on the public right-of-way. Easy to check. In the city records, look up the legal description of that street. It will state how wide the right-of-way is. Suppose the legal right of way is 40 feet, for example. From the center of the street, measure 20 feet in either direction, and there is the limit of the public right-of-way.
I do not own the property on which my mailbox sets; the State of Texas does.
As previously stated, I cannot legally put up such a mailbox support, so one might want to check local codes and see if that mailbox support was legally built.
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No one said the mailbox caused the accident, and NO one believes that guns cause shootings. That's all just hyperbole like the media LOVES to use.
The poster stated facts! The mailbox is MOST likely NOT on private property, the mailbox is MOST likely illegal due to its construction, and the mailbox DID absolutely make the accident SUBSTANTIAL worse than it would have otherwise been.
It's up to the OP if they want to pursue that avenue, but the fact is........he would probably get the insurance to cover the cost of the EXTRA damage caused by the stone mailbox.
I live on a state road and they will MAKE you remove anything like that mailbox. Anything bigger or stronger than a 4x4 post is illegal here.
Just sayin'
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@nunn OK I'll give you that it probably was in a right of way easement and not really on private property, but that doesn't mean anybody can drive on to it and blame the home owner for their accident. I have an older wood post for my mailbox and it has seen better days and I feel the type of box in this example is a waste of money but they are very popular in this part of the country (Wise county, TX) and I still say it was not the mailbox or the owners fault and unless having that type of mailbox is against the law (as it may well be in other places) the individual driving is at fault and not the homeowner.
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I have a question, if it is illegal to build a stone/brick mailbox on right of way property and the mailbox has been there for quite some time. Heck, why not sue the municipality/government agency (that made these types of mailboxes illegal on right of ways) for their lack of enforcing the law and keeping the right of way free from illegal mailboxes? (Insert green font)
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I miss the good old days when lawyers were scarce, welfare was short-duration, and people accepted setbacks with a stiff upper lip and heightened resolve.
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@mike55 "The poster stated facts! The mailbox is MOST likely NOT on private property, the mailbox is MOST likely illegal due to its construction, and the mailbox DID absolutely make the accident SUBSTANTIAL worse than it would have otherwise been."
Actually the OP never stated what caused the accident, he was asking what to do about the car.
Others went to the blame the mailbox, homeowners, get a lawyer, right of way, illegality of it etc...
It's his daughter, his choice what to do, I am just amazed at why so many think of blaming someone else or an object that may or may not be against the law depending upon where they live... If a law was broken, fine go after the law breaker, but he never said that in his post, all he asked was should he get car fixed or not...
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Here comes Peter Cottontail, hopping down the bunny trail.......
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Ruger4me: 30166182116251/comments/-1
@mike55 "The poster stated facts! The mailbox is MOST likely NOT on private property, the mailbox is MOST likely illegal due to its construction, and the mailbox DID absolutely make the accident SUBSTANTIAL worse than it would have otherwise been."
Actually the OP never stated what caused the accident, he was asking what to do about the car.
Others went to the blame the mailbox, homeowners, get a lawyer, right of way, illegality of it etc...
It's his daughter, his choice what to do, I am just amazed at why so many think of blaming someone else or an object that may or may not be against the law depending upon where they live... If a law was broken, fine go after the law breaker, but he never said that in his post, all he asked was should he get car fixed or not...
@Ruger4me ..... I never said OP! I said the poster, meaning the one that you disagreed with! @thorhammer
I also said..... "It's up to the OP if they want to pursue that avenue, but the fact is........he would probably get the insurance to cover the cost of the EXTRA damage caused by the stone mailbox."
Seems there is a LOT of selective reading/quoting going on here! LOL
The people posted so that the OP would know his options!
AGAIN, NO ONE BLAMED THE MAILBOX......it's a simple FACT that the stone mailbox caused WAY more damage than a 4x4 or metal post would have caused, probably $10,000 more! THAT is why it is illegal in most places.
Just sayin'
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All accidents with a mailbox are expensive. My wife hit a MB about a month ago, it was just a normal mail box. It took out the passenger side mirror, dented the front quarter panel and broke lens on the headlight.
Had to get a new mirror and headlight, can't just replace the lens it is all one part. Just those two items where $1,600.
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Very unfortunate. Glad she is ok! I wouldn't keep the car, personally.
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Selective reading and assumptions..., yep lots of that happens here all the time...
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Amend !!!!
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3, 2, 1...
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So, is this when we shut it down?
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@...: 30166182116251/comments/-1
So, is this when we shut it down?
We ? As in who?
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Austin has a mouse in his pocket, thus the “we”!
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Merlinnv12: 30166182116251/comments/-1
Austin has a mouse in his pocket, thus the “we”!
What, where
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It’s your pocket, you tell me/us.
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Having reflected thoroughly on this thread, I must conclude there is only one true answer:
- Ban all mailboxes.
- Ban all persons under 21 from operating a motor vehicle.
- Start a brand new Federal government agency to regulate car safety features preventing ultra-slow speed rollovers. Oh…and ban old cars that don’t have such features.
We won’t ban daughters just yet, but girls, y’all are on thin ice!
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Frogdog: 30166182116251/comments/-1
Having reflected thoroughly on this thread, I must conclude there is only one true answer:
- Ban all mailboxes.
- Ban all persons under 21 from operating a motor vehicle.
- Start a brand new Federal government agency to regulate car safety features preventing ultra-slow speed rollovers. Oh…and ban old cars that don’t have such features.
We won’t ban daughters just yet, but girls, y’all are on thin ice!
Don’t ban daughters. I have WAY too much invested in my princess
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Like the car lying on its side, this thread has totally run off the rails!
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Ruger4me: 30166182116251/comments/-1
@nunn OK I'll give you that it probably was in a right of way easement and not really on private property, but that doesn't mean anybody can drive on to it and blame the home owner for their accident. I have an older wood post for my mailbox and it has seen better days and I feel the type of box in this example is a waste of money but they are very popular in this part of the country (Wise county, TX) and I still say it was not the mailbox or the owners fault and unless having that type of mailbox is against the law (as it may well be in other places) the individual driving is at fault and not the homeowner.
I agree that the parkway, even though it's on the public right-of-way, is not part of the roadway.
Even though it was forced upon me, I have seen the results of vehicles colliding with mild steel posts, so I recommend them, even if they aren't required of you.
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