Well, it happened again. Serenity has been damaged. I have never had a car that has collected this much damage that wasn’t my fault. This is one of the reasons I don’t buy cars new. Many a morning, I count having this car as one of my blessings. I love this car and so it really hurts me when she gets hurt. I wonder if it is worth it.
I was parked by the North Berkeley bart station near the ball field. A group of 20 something guys were playing around in the baseball diamond.
As I was walking up to my car, some of the guys were looking for a lost ball next to the cars. This made me nervous because that means a car could easily been hit. I even checked Serenity over to be sure she was all right. Everything looked fine. I got in, had a moment fussing with the car door because I didn’t get it closed. I put my keys in, started the car, the radio came on, and CRASH!!! A softball hit my windshield. Ouch. Shattered the passenger side.
So many what ifs ran through my head. What if my appointment hadn’t been canceled, I would have been out of there before the ball flew? What if I hadn’t been in the car when it happened, if it happened when I was still in the City? What if I got my door closed when I got in and moved just a little faster? Mostly, none of those matter other than I won’t be parking near that field again.
The guys were nice and very apologetic. One of them is an umpire for a softball league and seems to know how to deal with this. He claims that there is an implied risk accepted by the car owner by parking next to a field and that the repair should be split between the batter and the car owner. Sounds pretty fair. I am so pissed that it happened but I have no problem with the guys involved. I have contact numbers and a recommendation for a glass company that might give me a good price. I will also be calling the glass company my mechanic recommends and as well as asking my mechanic what he knows about this other place. I don’t know if I even bother with my insurance company. I have a $500 deductible and I think a window is along $250-$350. I will find out when I get around to unsticking my head from the sand.
I am also going to be looking into how much it will cost to lower that deductible because the car is just over a year old and already it has collected major damage twice (ok, anything that needs to be fixed instead of just accepted counts as major in my book). I figure this is my car for the next 10 year. I currently pay just over $80 a month and if it isn’t that much more, it would be nice to not live in dread for my poor car.
It is interesting to note that this is the same corner of the car as the last damage. It is as close to the original damage as the windshield can get.
And because I am me, Serenity currently has an appropriate skull and cross bones bandaid on the boo boo. She got it right after we got home.
I am too way damn silly about this car.
Edit: FYI, I was parked on the street right next to a neighborhood baseball diamond next to a park. Bases and home plate and a home run fence. It isn’t a professional one (i.e. ball players get paid) and there is no parking lot but it is one where kids play on teams sponsered by the local pizza joint. Not sure if that was expressed clearly enough.
He claims that there is an implied risk accepted by the car owner by parking next to a field and that the repair should be split between the batter and the car owner.
That’s crap… plain and simple.
That would release people from any liability for all sorts of things – such as “warning falling rock” and driving by a golf course.
They hit the ball into your car, they’re liable for the damage. I know you don’t want to hassle over just a couple of hundred dollars – but contact your insurance agent and see what he/she says – sometimes, they’ll go after the money for you… heck, they’ve already GOT the lawyers on retainer, they like to have an excuse to use them.
*hugs*
There are normally signs posted around fields declaring said implied risk, such as those posted next to the softball field up top at Cal. I really think it’s not crap.
IF there’s a posted sign – then it’s not crap… but G didn’t mention any sign near her car.
But there’s no “implied” agreement… unless there is a warning posted.
Years of legal background, not just an uninformed opinion… but that said, California laws are different than almost anywhere else!
agreed.
No implied risk.
You could turn that around and say that playing in a ball field that is surrounded by cars has an implied liability*.
The implied risk is crap since you were parked on a city street and there was no contract accepted or offered by you when you parked there. Under these people’s idea of “implied risk” car accidents would always be partially your fault because their is always an “implied risk” that someone will crash into you when you are driving–even if you were rear-ended.
OUch!
I figure $250ish sounds about right. And the splitting is a good offer – It would be a better offer to have it paid for, but I can see taking the split. Another couple of minutes and you might not have had anyone to split with.
Sorry about your boo boo. Sux. *hugs*
Bullshit! You were parked on the street, not near a ballpark. It’s the responsibility of the person who hit your car, not half yours, and I’m quite sure that’s how the insurance company would see it too. Hope you got a name and contact info. I don’t care if it is the national fucking pasttime, you put a ball through someone’s window, you’re responsible. Didn’t we all learn that one in gradeschool?
I am so sorry that happened. I’m glad the people involved weren’t assholes about it, but still…
ouch.
hugs and comiserations. I guess this particular Mercury Retrograde is all about cars and the things that smash into them. Feh. 8 more days and things should begin to sort back out. All hail change and movement!
Hope things work out for the best and Serenity is all healthy and happy agian very soon!
Ouch. Give Serenity a hug from me.
You might also want to check with your insurance company about coverage specifically for glass. I discovered a few years ago that my company doesn’t charge the same deductible for window repairs and got a new window for very little money when thieves smashed it to get into the car.
Yep. Glass is often covered differently by comprehensive policies. It’s definitely worth checking out.
Just checked. If the damage was smaller than a dollar bill, then they would cover it with no deductible.
Ummm er, no mine is not smaller than a dollar bill.
I think it is the fill it so it doesn’t get bigger coverage the insurance is willing to pay for.
Just checked. If the damage was smaller than a dollor bill, then they would cover it with no deductable.
Ummm er, no mine is not smaller than a dollar bill.
I think it is the fill it so it doesn’t get bigger coverage the insurance is willing to pay for.
I understand how you feel.
Your car is your baby. You have a right to feel protective about it. HECK, I do about mine.
We have cool cars. They deserve to be treated right.
Just be glad she’s not a REAL hearse, because then the windshield would be REALLY expensive and REALLY hard to find. Yay commercial glass!