Auto Insurance Claims: parking incident, act of god, defence attorney

Question
After being parked legally in my apartment parking lot for two months, my motorcycle was apparently blown over by a huge ice and wind storm.  No witnesses.  A car was dinged in the process, about $300 in damage.  My insurance initially denied the car's claim on the basis that it was an act of god.  The owner is threatening to file with the magistrate directly; he hasn't involved his insurance company at all.  (1) Does this sound like an act of god?  (2) Shouldn't his insurance company be pushing for arbitration with my company instead of him trying to sue me personally?

Answer
Hi Drew,

His insurance company would only push for arbitration if they actually paid for the repairs. The $300.00 of damage is likely below his deductible so his insurance comapny would not pay anything anyway. The wind blowing would be an act of God. The other person is free to file a lawsuit at any time. n court they would have to prove that you did something that was negligent. Such as putting your kickstand down in a sandy area where it would be easy to sink or move in a strong wind. If you have pictures of the area where it was parked showing that the ground was paved and not sandy and that you had no expectation that a strong wind would blow the bike over, you may have a chance of winning. If you do get served with suit papers you should instantly contact your insurance company. They must provide you with a defence attorney. Although if you are sued, your insurance company will likely just pay the $300.00 because it would cost them more than to send an attorney to court.

I hope this helps
Richard Hixenbaugh