What to do if a ball from a men’s baseball league hit and cracked my whole windshield on my new car?

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What to do if a ball from a men’s baseball league hit and cracked my whole windshield on my new car?

My insurance agent told me they are completely responsible for the replacing windshield. The president of the league told me they will not pay because my husband was rude. How can we get our money? The car is not able to be driven; it’s been over a month now.. What can we do? My insurance agent also called and did speak to the president.but they still will not pay. Also, he told me the judge who handles small claims plays for the league. I took that as a threat. What can I do?

Asked on October 15, 2012 under Business Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The baseball league is not necessarily responsible: they are only responsible if they were acting in an unreasonably careless, or negligent, way, such as by playing the game in an inappropriate place. If they did nothing wrong, however--e.g. they were playing in regular ball field, by the rules, etc.--then they are likely not liable for the loss; liabilty depends on fault, and when there is no fault, there is usually no financial responsibility.


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