What are my rights if on my way to work 4 deer ran out in front of me so I swerved,went off the road and hit a brick mailbox?

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What are my rights if on my way to work 4 deer ran out in front of me so I swerved,went off the road and hit a brick mailbox?

It took out the mailbox but it also totaled my jeep. Since it was paid for, all I had on it was liability insurance. The homeowner filed a claim for the damage. From what I can find online her mailbox was not legal. If this is the case, it seems to me that I could file against her for the damage to my jeep. Is this true?

Asked on October 13, 2013 under Accident Law, North Carolina

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

It depends on the negligence per se statutes and common law in your state, but generally, an individual will be liable for damages resulting from a violation of the statute only if the violation directly caused the damages.  When you say the mailbox was illegal, do you mean it should not have been there at all, or that it was too tall, or the wrong color?  The next question is: if the mailbox had not been illegal, would the damage to the jeep not have occurred?  If your jeep had not hit the mailbox, what would have happened?  Would it have hit the house?  A tree?  Might the damage have been even worse?  If so, you will not have claim against the mailbox owner.


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