Who Is Responsible for Hail Damage?

Background: My nephew passed away in February. I was appointed Personal Representative for his estate. He had no will. He owned a car that I've been trying to sell. I got an inquiry from a potential buyer in a town close by to where my nephew lived. I was asked to drive the car over to the potential buyer's home on a Saturday. The buyer looked over the car and took it for a test drive. We came to an agreement on price. Neither of us was sure how to sign the title over since it was titled in my nephew's name. I agreed to do some research and would get back to him on Monday when offices were open. This is where the HOA comes in, the buyer invited me to leave the car and park it in front of the HOA's clubhouse. This is a gated community so I felt it was safe to leave it there. I know now that it was a mistake. The community got a hailstorm on Sunday night. The car sustained a lot of hail damage.

I phoned the insurance company that insures the car and gave them the particulars of what happened. My question is, who is responsible? I have an interview with the insurance adjuster July 10.

I am just seeking opinions here for discussion purposes. My initial thought is that I should not have left the car there. I am mad at myself because the car had been garaged since February. Thanks to all who choose to reply.

I'm not very versed in insurance/liability laws. It just came to my mind since I was invited to leave the car on HOA property.

When you finally get a sale, you sign the title over using, "Jane Doe, Personal Representative of the Estate of Steve Doe." Show the buyer your court appointment papers.

I agree that the only insurer who should be involved here is the car's.

Best wishes in this difficult time.

LayaS, FWIW I think you should not beat yourself up. Remember all the money you are saving the estate by not using a lawyer or using a lawyer minimally. Doing these chores while in grief is brutal.

If the car is less than five years old, after making repairs consider CarMax or even the dealer? I did this as the PR for an estate some years ago. I got a quote from CarMax. The CarMax staff were great. Then I went to the dealer. Like CarMax, the dealer checked out the car and then offered something like $500 less than CarMax. I wanted more than what CarMax was offering. I told the dealer I would think about it and started getting up to leave. The dealer asked what it would take for me to sell. I told them the number I wanted. The dealer agreed.

I know the dealer made a tidy profit. So what. I use craigslist at times, cash only, but the car was worth over $20k (even with some damage). Because this was an estate and I had a fiduciary duty to the beneficiaries et cetera, I did not want to deal with craigslist inquiries where test drives with strangers and a lot of cash would be involved. I wanted this chore off my mind. I was so pleased to have it done quickly, within a few hours. For most of this time, I sat reading while CarMax and the dealer checked out the car and came up with their offers.

Thanks Tim. I do have an attorney preparing the necessary documents. At $375 an hour, I try to keep communication with her to a minimum.

One thing that sticks out in my mind is to get rid of stuff so your heirs don't have to go through it all and decide what to do with it. I like to shop the thrift stores but this process has cured me of that. I promised myself not to bring more unnecessary stuff into my house and to get rid of stuff that takes up space in the garage and basement that has no useful purpose for me.

I must admit, that is a novel legal theory. Could the HOA counter sue for any roof damage claiming you brought the community bad luck?

Also known as Swedish Death Cleaning. Google it, it's a thing.

I'm in the process of getting rid of as much stuff as I can and even simplifying my financial life. The latter will help whoever has to pick up the pieces after I die - and it will protect my financial assets in case I get old and stupid and think that I'm an investing genius.

I kinda miss my college years when I could pack all of my belongings into my car and move myself. Continuing care facilities are basically dormitories for older folks, so it makes sense to recapture the freedom of those years.