We have this plaza. Plaza has a Tim Hortons. Tim Hortons has a drive through. Drive through has lane. The lane has a curb, to separate the in-and-out traffic.
People kept jumping the curb, and ruining the grass. So, we put a big boulder on the inside of the curb. No-one jumps the curb any more, because there's a boulder there.
Except for now. Someone ran right into the boulder. They want the owners to pay for the damage to their car.
Umm, no. The boulder didn't jump out at your car. You hit the boulder. It's not the owners' fault you're a shitty driver.
Just got a huge, rambling email about how the guy's wife is not a shitty driver, that the lanes are improperly placed and too narrow, that we have a shitty property manager because he said his wife is a shitty driver, and he's taking this to his lawyer.
Fine. Take it to your lawyer. Better him to tell you you're an idiot than me.
The boulder did not hit your car. Your car hit the boulder. This is not everyone else's fault but yours.
Just sent a very nice but firm letter telling the guy to get bent.
The boulder was inside of the curb. The boulder could only be hit if a car left the driving lane.
I used the phrases "single vehicle collision" and "stationary obstacle" a few times.
Luckily, the guy's deductible is only $300, so it's not worth anyone's time to fight this. Even the guy just meeting his lawyer is going to eat that up. So, he can't afford to fight it, but we can, because my time is paid for.
Sorry, bub. It's not nice to have to go through this at the holidays. But it's not our fault.
[UPDATE UPDATE UPDATE]
Just got the reply email from buddy. He says that I "must not have seen the pictures", that the boulder is clearly sticking out over the curb.
OVER the curb. Not even into the driving lane, over the curb.
OK, assuming that's the case, that the boulder is sticking out (which it isn't), your wife STILL DROVE INTO IT. Even if it wasn't where it was supposed to be, she still drove into a stationary object. Even if the boulder was protruding into the lane, and she had the right of way over the boulder, she still fucking drove into it.
The cause of this incident was driver carelessness, no matter how you slice it. There is only one moving body in this scenario, and she failed to control it properly. It's not as if the boulder was in the middle of the 401 and you came upon it at 100 clicks an hour. It was in a fucking parking lot, where your speed should be slow enough to stop in time for anything -- or anyone.
When Carole Lombard's plane few into a mountain, was it the mountain's fault? "But the mountain was in the wrong place! The mountain wasn't supposed to be there!"
I'm not responding. I've stated our position. Go take it to your lawyer, so he can tell you how you're an idiot instead of me.