Homeowner while mowing grass had a rock hit a passing motorist. Who is as fault and pays for repairs.

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Homeowner while mowing grass had a rock hit a passing motorist. Who is as fault and pays for repairs.

Asked on June 8, 2009 under Accident Law, Georgia

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless the homeowner knew or should have known the rock was there when he mowed over it, it would be difficult to prove any negligence on the homeowner's part.  Therefore, there would be no liability.  Rocks hitting cars is one of the hazards of the road, and is one of the hazards covered under comprehensive auto insurance.  If you have insurance, I would make a claim under that section of your policy.  If you do not, you can ask the homeowner to help, but I don't see any obligation for him or her to do so here.


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