My trash can with wheels slid with heavy winds and hit my baby sitters car creating a dent.. Am i liable?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2013

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Insurance Question from East Fishkill, NY

Asked on 07/16/2013

My trash can with wheels slid with heavy winds and hit my baby sitters car creating a dent.. Am i liable? NULL

Answer given on October 21, 2013

If your trash can struck another person’s car due to high winds, the damage to the car is usually covered by the auto insurance for the car owner.Your homeowner insurance policy protects you for damages caused by your negligence. The fact that the trash can was pushed by high winds does not necessarily make you responsible for the damages.The car owner can contact their insurance company and file a claim. The deductible for collision coverage will apply to the loss. However, she will not be subject to a rate increase for these damages.If the person did not have collision coverage, or the deductible is higher than the damages, you can contact your homeowner insurance company to see if you can file a claim under the property damage to others portion of your policy. There is usually a limit of $500 or $1000 for these damages, but there is no deductible, and you do not have to be proven legally liable for these damages. However, make your that your insurance rates will not be affected by filing this claim. Some companies will consider this a claim under your insurance and you could be subject to a rate increase.

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