Talk of The Villages Florida - View Single Post - Close call on Heron
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Old 09-04-2011, 05:26 PM
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Quote:
Originally Posted by villages07 View Post
Yikes, that's scary. #4 is the par 4 on Heron...lots of big old oak trees just before the green.

Thankfully no one was hurt.

I wonder where the liability for repairing/replacing the golf cart is? Cart owner's insurance, Villages golf division, or what?
In order for the golf cart owner to go against The Villages s/he has to prove that the tree was defective (rotting, etc) and a danger and that The Villages was put on noticeof that/those facts. This "Act of God" phrase is a conveneint excuse to cushion the denial of liability.

The cart owner will turn to his/her insurance company but may not receive any payment if s/he has a high deductible. Unless the damage is excessive enough after the deductible it may not be worth it to submit a claim. However if a claim is submitted and paid it is the insurance company's option to go against The Villages for the payment they made. If they do as a courtsey they will also ask for reimbursement of the cart owners deductibles

Based on the photos it is difficult to assess the damage.

The Villages are known for dodging liability