Damage to church grounds after hitting a curb
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed December 17, 2020
Legal Inquiry
Consumer Legal Issue
I hit a curb by accident and left dirt marks on the grass, and pulled up something that was rooted in the ground. I tried to contact the church and could not reach anyone, and the police told me to speak to the sheriff. Can I pay for it without involving my insurance, and am I going about this the right way?
Attorney Answer
Trying to reach the owner and offering to put it right is the right instinct — the question is what paying directly does and does not close.
Paying a property owner directly for small damage is ordinary and lawful. Nothing requires an insurance claim for every incident, and for damage of this size the excess may exceed the repair anyway.
Two things are worth knowing before you do. First, most policies require notice of an incident even when no claim is made. Reading the notice clause, or asking your agent in general terms, avoids a problem later if the owner's assessment turns out higher than expected.
Second, get a release. If you pay, ask for a short written acknowledgement that the payment settles the damage from that incident. Without it, a payment does not necessarily close the matter, and the owner can come back later.
On reaching the church: a letter to the address, kept as a copy, is worth more than repeated calls, because it evidences that you tried. Having attempted contact and offered to pay is a materially better position than having done neither.
What you can do
1. Write to the church at its address, describe what happened, and offer to pay for the repair. 2. Keep a copy of the letter and note every attempt you made to make contact. 3. Ask for a written estimate before agreeing an amount. 4. If you pay, get a short written acknowledgement that it settles that damage. 5. Read your policy's notice clause, or ask your agent, before deciding not to report it at all.
⏱ Time limits apply. O.C.G.A. § 9-3-31 gives four years for damage to personal property, including a vehicle, while an injury claim under § 9-3-33 gets only two. Where both are in play the shorter one governs the part that matters most.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Can someone pay for property damage without claiming on insurance?
Yes. There is no requirement to claim, and for small damage the excess may exceed the repair. Many policies still require notice of an incident even where no claim is made.
Why ask for a release when paying for damage directly?
Because a payment alone does not necessarily close the matter. A short written acknowledgement that the payment settles the damage from that incident prevents a further claim over the same event.
What if the property owner cannot be reached?
A written letter to the property address, with a copy kept, both attempts contact and evidences the attempt. That is a stronger position than repeated unanswered calls.