windshield smashed by golf ball

SJHK
個人積分：0分
文章編號：12808818

0分

樓主

2009-06-24 13:25

The golfer sliced the ball when teeing off from golf course, and the ball flied across the street and hit my 2009 335i windshield. THe golf course insurance claimed its the golfer's responsibility to pay for the damages, not the golf course...

Does it make sense?

2009-06-24 13:25 發佈

Pachilla

Pachilla
個人積分：4553分
文章編號：12809316

4553分

2樓

2009-06-24 13:45

Nope,

Golf course must be responsible as they are supposed to prevent golf balls from hitting the surrounding properties.

Keep the golf ball as evidence and file a police report and make an insurance claim.

素八滷福斯的車價水貨車的保固賓士的零件價格法拉利的待料時間

doumyouji

doumyouji
個人積分：29分
文章編號：12827342

29分

3樓

2009-06-25 9:14

Pachilla wrote:
Nope, Golf...(恕刪)

Pachilla has perfectly questioned ya answer~
as common sense~ the golf course should protect their golfs fly out of their area....
so it's their responsibility.....
do you mind uploading a picture to show us how big the damage is
herhaps few experts on this website will likely tell you a cheap place or method to repair....

swordfish0416

swordfish0416
個人積分：77分
文章編號：12831077

77分

4樓

2009-06-25 11:45

well if u are in united state
then this is one of those times u can take advantage on ur full coverage insurance policy
by law, ur insurance company has to cover ur windshield for free. there are a few program out there as well which u get to replace ur windshield for free.
but yes it is the golf course's responsibility to prevent balls from flying out of the golf course. so sue their ass i say.. ha ha

07 audi a4

iamblue3

iamblue3
個人積分：61分
文章編號：12842444

61分

5樓

2009-06-25 20:32

Good luck. I am pretty sure the golf course is not liable for it because it has proper fencing. Most of the golf courses have responsibility waivers state that it is the golfer's responsibility not the golf course's. If you want to sue them you have no chance standing against them.

I know this because my friend's car got hit once. It doesn't matter what kind of legal action you take, as long as the fence is legit (pass the city regulation it is )the golf course is totally liability free.

If you can't find the golfer, then it has to be cover under your warranty and you have to pay for the deductible.

http://www.carinsurance.com/kb/content17460.aspx

Do not think we are in the states and so and so should be taken care of.. nope.. it is just your bad luck day. I feel sorry for you.

SJHK

SJHK
個人積分：0分
文章編號：12854041

0分

樓主

2009-06-26 10:38

iamblue3 wrote:
Good luck....(恕刪)

You've made a good point which someone else also mentioned when I did my research online.

However, my situation is a little different because the ball came across the street and my car was parked in the shopping plaza, not golf course property.

In addition, the golf course only has 6-ft tall fence that is not enough to prevent the ball from existing the golf facility

Given these conditions, I feel the golf course is liable for the damages because there is no adequate fencing

Am i right?

iamblue3

iamblue3
個人積分：61分
文章編號：12855718

61分

7樓

2009-06-26 11:42

Only 6 feet? what kind of golf range is this lol. a miniature golf?

I personally suggest you to consult a lawyer. I think you will have a better chance

if someone has found out that the golf range does not follow city regulations ( I don't

think this is the case otherwise it is liable for "a lot of things.")

I don't want to give you some pessimistic comments on this, but golf courses are totally

free of liability on flying balls. In another word, it is just like a hit and run and you do not have

a direct evidence( it doesn't matter where you parked the car, you can be driving and the ball hits

you); you do not know who hit the ball.

Good luck man, if you can pull this off you are extremely lucky.

Pachilla

Pachilla
個人積分：4553分
文章編號：12855845

4553分

8樓

2009-06-26 11:47

Remember, building codes (and most of any laws and regulations in Taiwan) are for "reference" only.......

素八滷福斯的車價水貨車的保固賓士的零件價格法拉利的待料時間

malinger0316

malinger0316
個人積分：102分
文章編號：12864563

102分

9樓

2009-06-26 17:34

so...
did you call the cop for the record?

SJHK

SJHK
個人積分：0分
文章編號：12878557

0分

樓主

2009-06-27 11:03

i did contact local police dept. but they said there is nothing they can do about it since this becomes civil case, and can be resolved in small claims court...

Well, originally, i was planning to sue the owner of golf course in small claims court for the damages simply i dont want to be "son of turtle"..but my insurance will cover the windshield replacement and i just pay $100 out of my own pocket..i'm leaning towards to get it fixed and not pursue legal action against the owner

I am not chicken, am i?