Auto Insurance Claims: broken windshield liability (IL), broken windshield, windshield wipers

Question
Dear Mr. Hixenbaugh,

I park my car in an uncovered surface lot next to my apartment building. I pay rent for the space. Sometime last week, pieces of mortar fell off the building and hit my windshield. I did not see this happen, obviously, but I did find the pieces of mortar on the car next to the windshield wipers. It is cracked so badly it must be replaced.

Is the owner of my building liable for repair costs?

Thank you,

Debra

Answer
Hi Debra,

The building owner would be liable only if he knew about the mortar falling off the building. You would have to prove that this has happened before, that the owner knew about it and chose to do nothing about it. Otherwise he would not be liable. You should send the building owner a certified letter informing him of the condition. Although this may not help you now, it will become proof that he was informed if this ever happens again to you or anyone else.

I hope this helps
Richard Hixenbaugh