A Neighbor Says Your Lawn Mower Threw a Rock at His Car: Liability and Insurance in Pennsylvania

Attorney Answer

A claim like this has to be proved, not just made. If the neighbor's insurer pays him and then comes after you, it has only the claim he had: it would have to show that your mower threw a rock, that you were careless in how you mowed, and that the rock caused the damage. Your homeowner's or renter's liability insurance normally handles a claim like this, so report it there. And if no claim or lawsuit arrives within two years of the incident, it is out of time.

What would have to be proved. A claim for damage to a car caused by mowing is a negligence claim. The person making it has to prove that the mower threw the object, that the mowing was done carelessly, and that the object caused the damage he is claiming. Your account — no rocks in the yard, where he and the car were, the angle a rock would have needed — is the kind of evidence that answers it, along with photos of any damage he claims and any video he says he has.

If his insurer pays and then pursues you. An insurer that pays its policyholder and then seeks to recover from you is “subrogated” to his claim: it stands in his shoes and can recover only on a claim he actually has. The Superior Court applied that rule in Universal Underwriters Insurance Co. v. A. Richard Kacin, Inc., 916 A.2d 686 (Pa. Super. 2007). So the insurer's payment proves nothing by itself; it inherits the same burden of proof he had.

Your insurance. Homeowner's and renter's policies usually include liability coverage for property damage you are accused of causing, and the insurer will usually investigate and respond to the claim for you. Report it even though you dispute it.

Where a claim like this would be heard. A claim of this size usually goes to a magisterial district judge. 42 Pa.C.S. § 1515(a)(3) sets that court's limit:

(3) Civil claims, except claims against a Commonwealth party as defined by section 8501 (relating to definitions), wherein the sum demanded does not exceed $12,000, exclusive of interest and costs, in the following classes of actions:

The deadline. 42 Pa.C.S. § 5524:

The following actions and proceedings must be commenced within two years:

(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.

What you can do

1. Write down what happened while you remember it: where you were mowing, where he and his car were, and what you saw. Photograph the yard and the area where you were mowing.

2. Ask him, or his insurer, for photos of the damage and for the video he says he has.

3. Report the claim to your homeowner's or renter's insurer, and send it anything you receive.

4. Do not agree to pay, or sign anything, before your insurer or a lawyer has looked at it.

5. If you are served with court papers, respond by the date on them.

6. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A lawsuit for damage to a vehicle or other property must be filed within two years under 42 Pa.C.S. § 5524(3). If you are sued, the papers will carry their own response deadline.