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    #46
    Whole deal with it likely not being covered by insurance sucks. We have been screwed on it before, kid doesn't have insurance so the law-abiding,insurance-paying citizen has to pay the damages when the kid breaking the law walks with a slap on the wrist. Sad

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      #47
      Unless he is excluded from the policy, he would be a permissive user and coverage would extend. He does not need to be a named insured. If he is excluded, your options would be to file in small claims against him, file under your homeowners and have them subrogate, get the parents to pay or eat the loss....

      Good luck!!

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        #48
        If his car was airborne when it entered your property taking out the fence, wouldn't that be trespass by projectile?

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          #49
          Originally posted by Bish View Post
          Last time this happened I was was putting up a pipe rail at my T in road where fence is, Officer told me if I did that and someone was killed for hitting it that I could be sued for everything I have cause it was put up to protect my property, you cant have anything nice any more cause people drive like crazy out here, I've got so many reflectors up it looks like a run way and they still run through it

          God Bless
          I don't know about that.... landowner rights? You should be able to put up any dang fence you like on YOUR property as long it complies with the city or any deed/subdivision restrictions. Technically that car was trespassing on your property the second it left the public Right of Way (road, bar ditches etc usually some space of centerline of roadway). Asking the attorneys in the family about this.....

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            #50
            Originally posted by justindfw View Post
            Time for some schedule 80 pipe fence.
            I think I would have done this after about the second time... 8 times later...?

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              #51
              You now own the car.....sell it

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                #52
                Just wondering about the fence type that can be installed. I see pipe h braces and line post becoming more popular. What's happens if a driver hits an 8" h brace drove six foot in the ground? Is the land owner still responsible just because he or she has a well built fence? On that note my wife's grandmother has a fence off a state hwy built out of cedar post. The h brace post have around 16" tops. I would imagine that would hurt a car pretty bad if one was hit right. Is she responsible for the damages to car or driver?

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                  #53
                  You can put up any kind of structure or fence that you want on your property. Perhaps a section of the concrete barricades they use for road construction.

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                    #54
                    In a flood does water cross the road where everyone runs through your fence? If so you can put up a heavy duty fence (I have researched this with attourney's & county sheriff). But I was told you need to do the whole fence that faces the public road also since you have livestock you can put any kind of fence up you like to protect the public roadway from the horses getting out.

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                      #55
                      Originally posted by Bish View Post
                      Last time this happened I was was putting up a pipe rail at my T in road where fence is, Officer told me if I did that and someone was killed for hitting it that I could be sued for everything I have cause it was put up to protect my property, you cant have anything nice any more cause people drive like crazy out here, I've got so many reflectors up it looks like a run way and they still run through it

                      God Bless
                      At first I thought that was a bunch of bull that you could be sued for someone hitting a pipe fence on YOUR PROPERTY. Second thought, I would not build something like that, not only for the absurdity of actually being liable if someone was hurt, but also if someone did lose their life because they hit it, even though it would be their fault would be terrible.

                      Could you have liable if the boy would have drown in your pond?

                      I assume there is a stop sign at the T. LOL. Maybe you could see if the county could put up a speed bump or some other type of "drunk bumps" or whatever they are called.

                      Comment


                        #56
                        Originally posted by Jerry H View Post
                        Fence in the car and keep it until they settle up on repairs
                        This is what my dads neighbor did a couple years ago.

                        Lease I was on in Brady area had a similar issue, he put schedule 80 pipe in ground but it only stuck up about 15-18 inches. Basically to knock oil pan off vehicle for those no insurance folks.
                        Last edited by Sean; 02-22-2018, 06:44 AM.

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                          #57
                          Originally posted by Jamesl View Post
                          Second thought, I would not build something like that, not only for the absurdity of actually being liable if someone was hurt, but also if someone did lose their life because they hit it, even though it would be their fault would be terrible.
                          This is where im at. I know a curve in jack county that the landowner sank 8 or maybe 10" pipe in the ground sticking up about 3 feet then put the same size cross bar on top, all filled with concrete. It always made me cringe when I would drive by. I wouldnt want a death on my conscience trying to save some post and wire.

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                            #58
                            Pipe with concrete or large diameter pipe sank really deep can get you sued

                            AND

                            if someone is injured the county or district attorney can decide to file charges on you for setting a booby trap which is illegal and takes a death from sad to murder

                            And proving intent is easy since they can say the average fence post is not 8in drill stem filled with concrete buried 8ft deep so your intent must have been to cause this outcome

                            Fix the fence sue them if you want rinse and repeat next time it happens.

                            kronik by Diamond

                            Comment


                              #59
                              Originally posted by TxKronik View Post
                              Pipe with concrete or large diameter pipe sank really deep can get you sued

                              AND

                              if someone is injured the county or district attorney can decide to file charges on you for setting a booby trap which is illegal and takes a death from sad to murder

                              And proving intent is easy since they can say the average fence post is not 8in drill stem filled with concrete buried 8ft deep so your intent must have been to cause this outcome

                              Fix the fence sue them if you want rinse and repeat next time it happens.

                              kronik by Diamond
                              It’s ridiculous but I don’t doubt it in our current world. I would think they would have to prove that you intended to reinforce that particular spot due to someone hitting it though. Easy enough with concrete filled pipe in a particular spot.

                              If you just happened to put a large decorative limestone sign that said “Bish’s Ranch” in that spot, I’m not sure they could do anything though.

                              Comment


                                #60
                                I would build that particular section of fence separate from the other fence and more easily reparable. Maybe with H-braces on the sides and the part where they drive through cedar stays with 4 strand barbwire. That way when it happens again it'll be cheap and easy to fix.

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