How do I get a golf course to pay my deductible if my truck was hit by a golf ball while I was driving past?

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How do I get a golf course to pay my deductible if my truck was hit by a golf ball while I was driving past?

None of the people golfing confessed to hitting the ball and the owners of the golf course says they are not responsible.

Asked on July 12, 2018 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The golf course is not resonsible. 1) They are only liable if at fault in some way--and a stray golf ball hitting your truck provides NO evidence that the club (e.g. a club employee) caused the damage; the club is not responsible for what its members do. 2) The law accepts that there are certain natural or normal risks to legal, accepted activities--one risk is being hit by a golf ball when driving by a golf club. You'd have to show unreasonable carelessness (or an intentional bad act, like trying to hit passing cars) on the part of an identified person to hold that person liable. But if a ball just randomly hit your vehicle when no one was doing anything wrong, there is no liability. 


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