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Old 02-21-2018, 08:07 PM   #1
Bish
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Neighbor called and said car in your tank, luckily my horse's did not get out, some teenager ran through my fence and ended up in tank, did not come up to house or call sheriff, just climbed out of car and walked almost 3miles to town to call a friend to pick him up, Sheriff department found out who it was at 4pm, said he didn't know you had to call cops when run through fence, ended up being parents car and he's not on Ins. so Ins want cover, looks like I'm out of pocket myself unless I can get parents to pay. This makes about 8 times now someone has ran through my property, been out of pocket every time but 3

God Bless
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Old 02-21-2018, 08:09 PM   #2
justindfw
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Time for some schedule 80 pipe fence.
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Old 02-21-2018, 08:10 PM   #3
hully1029
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Im off on sunday if you still need help by then, id be more than happy
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Old 02-21-2018, 08:11 PM   #4
Da' Hitman
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He went a ways to get it in the tank like that. Must have been bookin it
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Old 02-21-2018, 08:11 PM   #5
IowaHunter
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Quote:
Originally Posted by justindfw View Post
Time for some schedule 80 pipe fence.
Or big landscape rocks.
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Old 02-21-2018, 08:12 PM   #6
Jerry H
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Fence in the car and keep it until they settle up on repairs
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Old 02-21-2018, 08:13 PM   #7
coachmas
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^^^^ that’s what I was thinking
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Old 02-21-2018, 08:13 PM   #8
kruppa24
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Wow
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Old 02-21-2018, 08:14 PM   #9
Artos
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Dang bish...you sir are a slacker!!

You could charge a fee for those kinda vids...get with it man!!
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Old 02-21-2018, 08:14 PM   #10
Mexico
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Dang that's crazy!
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Old 02-21-2018, 08:14 PM   #11
coachmas
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If parents are worth anything, kid will be by shortly with gloves on and T-post driver asking when do you want me to start repairs!
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Old 02-21-2018, 08:16 PM   #12
Japeatr
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isn't hit n run an offense?
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Old 02-21-2018, 08:17 PM   #13
Big pig
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Eight times!
AR you on a dangerous curve?
Happened many times where I was raised that cars
Would miss the corner and hit our culvert or mailbox.
That old road was really slick on a light rain

On the other hand, new crappie structure for the tank !
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Old 02-21-2018, 08:19 PM   #14
Smith2001
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Thats an awfully nice car to be sinking in a tank! Sounds like you need to plant big trees and place lots of boulders on your property line
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Old 02-21-2018, 08:19 PM   #15
boh347
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Keep the car
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Old 02-21-2018, 08:21 PM   #16
Dry Bones
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Sorry to hear that. I will agree that it is time for a heavier fence, BUT!! In today's BS you might end up sued if some idiot runs a car through a pipe rail and kills himself. Personally I would just think one less weak gene passed on, but....
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Old 02-21-2018, 08:21 PM   #17
Bish
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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
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Old 02-21-2018, 08:22 PM   #18
deerwatcher51
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My stepson went through a fence one night. My wife and I picked him up and woke up the landowner to be sure there was not any livestock in the pasture and told her we would be back the next morning to fix the fence. He had school the next day so his dad, my wife and I fixed the fence the next morning. I thought we did a pretty good job for two CPA's and a pharmacist.
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Old 02-21-2018, 08:24 PM   #19
manwitaplan
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SO I guess insurance is not going to pay for a flooded out car? The system is messed up.
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Old 02-21-2018, 08:25 PM   #20
Bish
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And yes I had telephone poles and cedar tress on my fence line at this T, he took them all out, must have been flying, tank is about 50yds from fence.

God Bless
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Old 02-21-2018, 08:30 PM   #21
125Dad
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Will the county install guard rails?
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Old 02-21-2018, 08:33 PM   #22
hunter1313
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What about oil and fuel getting into pool. Fish kill off and horse drinking could be bad.
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Old 02-21-2018, 08:44 PM   #23
justindfw
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Well at least no one was hurt. Just found out my wife's friend in South Carolina had a 11 yr old daughter that got hit and killed and the driver didn't stop. They arrested him a day or so later. That was this week.
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Old 02-21-2018, 08:48 PM   #24
Bish
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Had wrecker service get car out at 7am, its not in my tank, also been raining all day and tank is running over so pretty sure no gas or oil problems.

God Bless
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Old 02-21-2018, 09:07 PM   #25
sasqy
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Register your property under an L.L.C
And you won’t have to worry about being sued for everything you own.
Just a thought
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Old 02-21-2018, 09:33 PM   #26
Martin
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Quote:
Originally Posted by Bish View Post
Had wrecker service get car out at 7am, its not in my tank, also been raining all day and tank is running over so pretty sure no gas or oil problems.

God Bless
Robert had his wrecker drivers flip a coin to see which one had to wade in and hook up the cable, LOL.
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Old 02-21-2018, 09:41 PM   #27
toaster
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Quote:
Originally Posted by Jerry H View Post
Fence in the car and keep it until they settle up on repairs
Bingo! Winner-Winner!
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Old 02-21-2018, 09:45 PM   #28
Snowflake Killa
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Good structure for crappy
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Old 02-21-2018, 09:47 PM   #29
trophyhunter01
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Go out and blast it full of holes for target practice.
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Old 02-21-2018, 09:48 PM   #30
texas shag
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too bad you couldnt leave it in the tank. would have been some nice fishing structure
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Old 02-21-2018, 09:50 PM   #31
bowhunt3
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Quote:
Originally Posted by justindfw View Post
Time for some schedule 80 pipe fence.
X2
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Old 02-21-2018, 09:52 PM   #32
BTLowry
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If parents are worth a dang they will make it right


File on homeowners and let them pursue parents?
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Old 02-21-2018, 09:53 PM   #33
Chef
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Pm sent...
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Old 02-21-2018, 09:53 PM   #34
Quackerbox
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Sounds like FSGI to me




Quote:
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

Same to an uncle who kept having a mailbox ran over. It stopped the next car and DPS told him to remove it.
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Old 02-21-2018, 09:55 PM   #35
32drawlength
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Goodness, sounds like NASCAR at your place
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Old 02-21-2018, 09:55 PM   #36
Txhuntr2
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Quote:
Originally Posted by sasqy View Post
Register your property under an L.L.C
And you won’t have to worry about being sued for everything you own.
Just a thought
Homestead protections are better than the limited liability granted by an LLC. And if held in an LLC you cannot claim a homestead exemption on your property taxes.
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Old 02-21-2018, 09:59 PM   #37
bowhuntntxn
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That is some bullish about not being able to reinforce your fence on your property for fear of being sued. I would take the chance, and make an example out of someone's vehicle.

Then maybe word would spread about slowing down to make the iron cross corner!

If you put the posts in the road with intent to cause accidents, then maybe, but if you fence YOUR property as you choose, then how are you liable for some idiots inability to control their vehicle?
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Old 02-21-2018, 09:59 PM   #38
slickfish
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If the car was insured it should be responsible for the damages regardless of who's driving it.

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Old 02-21-2018, 10:00 PM   #39
SmTx
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You need the reputation of being a crazy old man that shouldn't be crossed.

No one wants to deal with crazy
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Old 02-21-2018, 10:11 PM   #40
Carpe_diem
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Sorry about your fence.
There used to be a car halfway through a fence, I think it was in Jack Co on the way from Jacksboro toward Perrin. Someone ran part way through the fence and the rancher just repaired the fence around the car. It was that way for years and it still may be. Pretty funny sight.
Oh, and there is a law called the Safety Responsibility Act that allows you to sue the driver for your damages. If he or his folks don't pay, then you send the judgment to the DPS and they yank his license until he pays. He may then call you up and ask if he can make payments and get his license back so long as he makes 'em. A kid's driver's license can be pretty good collateral. He could still wind up a jailbird and not pay, but at least he wouldn't be able to get his license back until he pays you, plus interest. You can start the process at your local JP Court and then get the SRA forms from the DPS website. You don't necessarily need a lawyer to do any of this for you, and you can't recover attorney's fees on top of your damages, but if need a little more help feel free to PM me.
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Old 02-21-2018, 10:13 PM   #41
Carpe_diem
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Quote:
Originally Posted by slickfish View Post
If the car was insured it should be responsible for the damages regardless of who's driving it.

Sent from my SM-G955U using Tapatalk
Generally true, unless it was driven by an excluded driver, which is often the case. People exclude certain drivers from their policy to save on the premium and aren't supposed to let that person drive, but....and when they wreck it, there's no coverage.
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Old 02-21-2018, 10:19 PM   #42
apkleinschmidt
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If you really want them to pay you for the damages press charges for duty striking landscaping (hit and run) Class B misdemeanor with your sheriff's office. Provide the sheriff's office with an itemized bill (or estimate) for repairs and ask that they pay that amount in restitution when he takes a plea bargain. Damages have to be above $200.

I work for our county attorney and do it all the time when insurance doesn't cover repairs. Granted, the county attorney doesn't have to pursue restitution. But if you press the issue and ask for it you will likely get it.

Guess you have to decide if it's worth it to you to press criminal charges.



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Old 02-21-2018, 10:41 PM   #43
mikemorvan
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So, for legal reasons, you can't do anything to protect your property from damage by others? Jeez.

Could an argument be made that you are installing what amounts to a large scale pool fence (landscape, fence, whatever) to keep someone from drowning in that tank? Seriously.

What a jacked up deal.
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Old 02-21-2018, 10:41 PM   #44
Wellborn Papa
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Keep the car until you are paid damages.
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Old 02-21-2018, 10:42 PM   #45
trophyhunter01
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If the driver is excluded does that mean the car was stolen?
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Old 02-22-2018, 12:18 AM   #46
KyleW
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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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Old 02-22-2018, 12:46 AM   #47
EliteDriver
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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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Old 02-22-2018, 12:48 AM   #48
W-O
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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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Old 02-22-2018, 12:50 AM   #49
CJ776
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Quote:
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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Old 02-22-2018, 12:59 AM   #50
MasonCo.
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Quote:
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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