Q: Neighbor broke my car window with a can thrown from within his apartment. What is my recourse?
My neighbor in the rental complex (Austin Texas) was in his apartment and began to throw things out the window. One of the cans hit and broke my windshield. There are witnesses and I am filing a police report, although it is 12 hours later. Will his apartment rental insurance or his auto insurance cover his liability? What other recourse do I have?
A: He is probably liable for his own negligence. His automobile policy likely doesn't it. His renter's insurance may or may not cover it depending on the language of the policy and the particular facts. Your own automobile policy almost certainly covers it under either comprehensive or collision and will be subrogated to any right you may have to pursue him for his actions.
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