Is a neighbor responsible for damage to my car from his trash can?

During a thunderstorm, the next door neighbors trash can blew over an scraped the paint on my car. I said there wasn't any point in making a big deal out of it if he just paid for a paint job. He said he isn't responsible because it was an act of nature. Is he legally obligated to pay?

7 Answers

Relevance
  • Bruce
    Lv 7
    4 months ago
    Favourite answer

    You first need to establish negligence. Since your neighbor was not responsible for the weather, there is no negligence. 

  • 3 months ago

    Unless your neighbor is Thor, God of Thunder, he had no control over the weather.

  • 4 months ago

    You had, at best, a n extremely weak case before your comment to another answer that it was trash collection day. That fact would have destroyed any case you could potentially have had.

  • xyzzy
    Lv 7
    4 months ago

    The odds are against it. What you need to do is report it to your insurance company and let them handle the issue. That is why you carry insurance.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • Anonymous
    4 months ago

    Could your neighbour have reasonably foreseen his trash can might be blown against your car in high winds? If not he is not liable.

  • Anonymous
    4 months ago

    It is a decision that needs to take into consideration many factors. There isn't any simple answer to this unfortunately.

  • Barry
    Lv 5
    4 months ago

    If the situation were reversed would you pay your neighbour? I think not.

Still have questions? Get answers by asking now.