Driver's Car Hit By Errant Drive

A drive from a tee box next to a busy street sliced off the hood off an on coming car. But getting the golfer who hit it to pay for the damage hasn't been a gimme.

Tracy Petersen's 19 year old daughter was driving on 156th street past Stone Creek Golf course last week. After a ball dented the hood of her car her mother told her to stop at the clubhouse. Stone Creek staff located the foursome and the golfer. Assistant pro Chris Hartman said, "From my understanding he admitted he hit the golf ball that hit a car on the street.."

Tracy said her daughter left the course believing the golfer would have his insurance take care of repairing the dented hood...

A few days later Tracy said the golfer called and refused to pay for the damage. Tracy said, "He just said it was an accident, its basically her fault for taking the road and she took that chance. So as far as he and his insurance are concerned, they had no liability."

Tracy said she's contacted an attorney and will likely start with a small claims lawsuit. The insurance on her daughter's car has a $1,000 deductible. Tracy said, "I teach my kids to do the right thing. How do I tell my daughter she'll have to come up with $700 for repairs on something she didn't do."

Two Omaha attorneys told Six On Your Side it will be difficult for any driver to win in court even if the golfer admits hitting the wayward shot.

John Green said it depends on if the bad shot could have been foreseen. Jim Schaefer said he's tried golf shot cases. The law would consider the driver of the car an unintended victim. The golfer he said would not be held liable for an errant shot. If he had hit someone in the direction he had been aiming, it would be a good case.

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