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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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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Originally posted by Bish View PostLast 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
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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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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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Originally posted by Bish View PostLast 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
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.
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Originally posted by Jerry H View PostFence in the car and keep it until they settle up on repairs
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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Originally posted by Jamesl View PostSecond 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.
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Pipe with concrete or large diameter pipe sank really deep can get you sued
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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
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Originally posted by TxKronik View PostPipe with concrete or large diameter pipe sank really deep can get you sued
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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
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.
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