Location: I’m in Minnesota. We had some storms the other day. The gazebo was staked down and didn’t go anywhere. I thought the storms were done and I left the gazebo up while we went to my aunts wake.
While we were gone, I guess it got super windy and it picked up the gazebo and it hit my neighbors car. It left a dent and a scratch.
Not even 15 seconds after pulling up from my aunts wake, the neighbor walked up to us to let us know what happened. He said he was going to get a quote to fix it and wanted us to pay for it but said he was going to be reasonable.
Yesterday, we got back from the funeral and here he comes again. He got two quotes and said that he wants half of the money right now and that we could do the rest as payments to him. He wanted to get a contract filled out and notarized. My dad invited him to the house to talk about it cause it was raining, but then he like wouldn’t leave. He said he needs the money now and that he can’t be driving his car around like this for months until we get the money. He is obsessed with his car and I understand wanting to get it fixed, but if he wants money to fix it, he’s gonna have to wait. A dent/scratch is in no way stopping him from driving the car.
The cheapest quote he got was for $2,000 and he wanted $1,000 right then. We said we needed to talk about it and he just kept saying that he needed it now and we need to figure it out. We said we literally just got back from burying a family member and he said “everyone goes through tough times but I need my money”. He also said that between the 4 of us in my house, he doesn’t believe that we all don’t have the money right now between all of us. He only left after my mom said that it was really disrespectful to be demanding money after we just got back from a funeral.
I talked to a family friend that is a deputy for the county and he said if I do pay it, to not pay the neighbor directly, but the shop instead.
I’m not saying it isn’t our fault cause it was our gazebo that did it, but can he just demand payment right now? Also, wouldn’t this be an act of god? The same day this happened, it was garbage day. Would the situation be the same if someone’s empty can rolled into his car? It just seems like I should have some options here. We literally don’t have the $2,000 right now and I’m trying to find a way to pay for it, but shouldn’t he give a reasonable amount of time to pay it?
He did also mention that he will take it to the police and court if we don’t pay. I don’t know what he thinks the police will do as it is a civil manner but I don’t know what to do. Any advice is appreciated!
Edit: he doesn’t have comprehensive coverage so he can’t put it through his car insurance according to him. We rent our house but do not have renters insurance and it sounds like he doesn’t have renters/homeowners insurance either.
Comments
Its not an act of God to leave unsecured debris lying around. Its on you. That isn’t- I practice or in legal theory- force majeure.
Second, his alternative is just to file a claim against your homeowner insurance. Circumstances are kinda irrelevant here. And its not disrespectful to demand money – you broke his stuff. You’ve endured some words and awkwardness; he got his stuff broken.
Get a contract drafted, indicate how receipt of payment will be made, and make it. The escalation paths he’s got available to him are much worse for you than simply paying him out and getting him to sign a waiver on any future claims.