Rocks Rolling Down The Mountain

[parallaxtech]

I live on Chaweng Mountain and the entire area is covered with boulders. The recent rainy weather eroded some huge rocks on my land that eventually landed in the street. I just paid a small fortune to have them removed by a tractor. My question is if a boulder on my land rolls into a house, person, or car, am I responsible for the damage? If so, then if a boulder runs down the mountain into my house do I have to retrace its track to find out where it originated and then go after the landowner? I asked my insurance agent and he basically said the victim would be covered on his insurance, but my insurance would not cover him. This doesn't sound really fair, because if your rock destroys somebody's house, I would not feel right in saying: "Sorry about that. I hope you have insurance."

Edited October 17, 2010 by parallaxtech

[BigC]

sounds like the rolling stones are back.

yep i think that inssurence is a must. I know what u r saying but we have to adapt to our surroundings. i must get house inssurence. specially for fire. i have curtains. it might not sound much but just the curtains in my house are worth 200 k. plus wood and other things and fire are easily ignighted. thanks for this post u have reminded me. with all the floods now is a good time to get it.

[smokie36]

Too late Big C you're on fire already today!

[itishothere]

Surely this is one of those 'acts of god' incidents?

If you put the boulder there, and through shoddy workmanship it fell down the hill, then you would be liable I am sure. But as it a natural feature and you have no control over the rain, then how can it be your fault? A bit like lightening hitting one of your trees which falls on the gardener - hardly your fault.

If I was in insurance I wouldn't pay out the claim. Kind of unfair perhaps, but it is after all, just an accident?

[onnut]

If a Boulder rolled down the hill from your land and smashed into a house or car, you can be sure that whoever it was would try to get you to pay for the damage.

[jdee]

Ask your insurance company to add on public liability

[parallaxtech]

Thanks for the replies. I agree it is an "Act of God," but I can see my neighbor saying, "God doesn't pay, so you pay." And remember all work here is pretty shoddy, so anyone can say your land wasn't excavated properly. It just seems odd that if a boulder rolls all the way down the mountain and hits a house one will have to see where it originated and go after the landowner. I'm sure he will just say that it was not his boulder, so prove it. My insurance man says there is no coverage or rider for this. If anyone has had this problem, please reply. I think possibly the answer is you fight it out verbally and, heaven forbid, get the police to decide, which probably means you will also be paying the police. My family lives in San Diego and I'm sure they have the same problem, but I believe in the west this would be covered by the victim's HO policy.

[itishothere]

If you were in San Diego, your insurance company would probably say that the boulder has been there for a few million years, you didn't put it there, you have done nothing wrong, so, tough, we are not paying! If the injured party has a problem and wants money, tell him to sue you and prove you were negligent.

But of course this is not San Diego. Of course it is your fault. Of course you should have done something about it. And a court may actually agree with that. But is a local going to go to court over this? Of course not. But could he cause problems for you? I guess the answer to that is that he could.

Public liability insurance seems the way forward if you want peace of mind. Either that or shift your boulders onto the next door neighbours land.

[BigC]

If you were in San Diego, your insurance company would probably say that the boulder has been there for a few million years, you didn't put it there, you have done nothing wrong, so, tough, we are not paying! If the injured party has a problem and wants money, tell him to sue you and prove you were negligent.

But of course this is not San Diego. Of course it is your fault. Of course you should have done something about it. And a court may actually agree with that. But is a local going to go to court over this? Of course not. But could he cause problems for you? I guess the answer to that is that he could.

Public liability insurance seems the way forward if you want peace of mind. Either that or shift your boulders onto the next door neighbours land.

looking at all the floods on the telly now. if u r thinking about house inssurence it is probably the best time.

Acts of god thats the one i really need.

Anyone know any good companies. Has anyone actually ever had any pay outs of house inssurence. if so for what and which company

[notime]

If the land where the boulder come from is in Thai hands this is act of God. If the land is "owned" by Farang, Farang must pay. In the last case if the damage is done to another Farang "owned" house they both go to the bar to discuss insurance claim and come out with bruises. If they finish up at the police to sort this out they will BOTH pay 1000 THB. This is the law of Thailand. Sawasdee Khrap :-)

Edited October 24, 2010 by notime

[parallaxtech]

If the land where the boulder come from is in Thai hands this is act of God. If the land is "owned" by Farang, Farang must pay. In the last case if the damage is done to another Farang "owned" house they both go to the bar to discuss insurance claim and come out with bruises. If they finish up at the police to sort this out they will BOTH pay 1000 THB. This is the law of Thailand. Sawasdee Khrap :-)

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I believe you are 100% correct -- thanks for the Thai logic. I can see someone challenge you to prove it was their rock.

[BigC]

If the land where the boulder come from is in Thai hands this is act of God. If the land is "owned" by Farang, Farang must pay. In the last case if the damage is done to another Farang "owned" house they both go to the bar to discuss insurance claim and come out with bruises. If they finish up at the police to sort this out they will BOTH pay 1000 THB. This is the law of Thailand. Sawasdee Khrap :-)

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I believe you are 100% correct -- thanks for the Thai logic. I can see someone challenge you to prove it was their rock.

what if it came from thai persons land onto a forang house. do thai have right of way when it comes to the law ???

[notime]

If the land where the boulder come from is in Thai hands this is act of God. If the land is "owned" by Farang, Farang must pay. In the last case if the damage is done to another Farang "owned" house they both go to the bar to discuss insurance claim and come out with bruises. If they finish up at the police to sort this out they will BOTH pay 1000 THB. This is the law of Thailand. Sawasdee Khrap :-)

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I believe you are 100% correct -- thanks for the Thai logic. I can see someone challenge you to prove it was their rock.

what if it came from thai persons land onto a forang house. do thai have right of way when it comes to the law ???

What law? It takes people to implement whatever law and in Thailand it's very hard to find a Thai person who would take a case of Farnag against another Thai. And what about a court system that takes years to deliver even a simple verdict with the process costing substantial ammounts of money spend on Thai lawyers? So, as I said .. if the rock came from a Thai land .. it's an act of God and the best that could happen is if insurace paid for the damage. That would have to be international insurance firm as a Thai one would most likely found excuses not to pay out. The Thai law is that as the water has to go in downward direction the money also has to go from Farang to Thai and not other way around :-)