Whos Responsible if a Neighbors Tree Falls on My Car During a Storm? No stress, no worry, just straightforward solutions to your legal issues. Meeting with a lawyer can help you understand your options and how to best protect your rights. Who is responsible for a trampoline on a rental property? 9 Who is responsible for a trampoline on a rental property? My trampoline blew into a neighbors yard who also had a trampoline. if you didnt pay it i suppose he would have to take you to civil court , he could claim on his car insurance but why should he . If you don't talk he will take you for granted, and will damage your car more. (This type of fault is often based on the legal principle of premises liability.). Do not use the trampoline without shock absorbing pads that completely cover its springs, hooks, and frame. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. So the relief came when the other neighbour told me what happened. My neighbours trampoline blew over the fence during gale force winds damaging two cars in our drive and the fence which it impaled itself to. Contact a qualified auto accident attorney to make sure your rights are protected. You need to put everything in writing to the neighbour. Can we move the fence panels to the other side of the posts at this late stage. She took this photo, you can see my bins knocked over and where it's come to rest on our other neighbours car. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Then we'll turn to the legal theories under which an injured person may be able to file a personal injury lawsuit against a homeowner for injuries resulting from a trampoline accident. Si contina navegando, consideramos que acepta su uso. If the fence belongs totally to you, your neighbor is in even deeper trouble. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A: Many people believe that because someone has insurance, the insurance company must pay for any damage resulting from an event on that person's property. If you find any, ask the property owner for a copy of the footage or to preserve the video until your attorney can request it. Woke up this morning to find damage to my car that was caused by a neighbor trying to parallel park behind my parked car. What if my trampoline damaged a neighbors car? How many times should a shock absorber bounce? Glad the op has pictures as proof, excellent for court. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. why should he pay a premium on his insurance and then an acess fee and be out of pocket for something you should of made sure was secure. However, you may visit "Cookie Settings" to provide a controlled consent. It's about $2500 worth of damage to my Was the other car damaged too, maybe they want to know and claim too. For the most accurate estimate we will need the following photos: Once youve taken the necessary photos, simply email them directly to us at [email protected]. Will I have to pay capital gains tax? great fun for the whole familyits not that expensive. My My grandchilds trampoline was away by recent high winds it went through the neighbers fence and damaged his car my - Answered by a verified Solicitor my grandchilds trampoline was blown away by recent high winds it went through the neighbers fence and damaged his car my daughter does not have any insurance what can she do. WebA 14-year-old child from the neighborhood uses the trampoline and becomes injured. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Yesterday I discovered the rear passenger side corner of my car has been scratched fairly deeply, and upon investigating today I have found that my neighbour's car has a long scratch along the side at exactly the same height as the scratch on my car. This cookie is set by GDPR Cookie Consent plugin. As discussed in your column recently, we had to replace our fence panels and decided to put them on our side of the posts, thereby gifting the width of the posts to our neighbours. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. My opinion is its hard to tell exactly Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. When confronted as Stay at the scene: It may be tempting to immediately drive off to catch the person who hit your car. By FindLaw Staff | You will be notified if any additional hidden damage is found when your vehicle is in the repair process. Every state has itsown traffic lawscovering hit-and-run accidents. My car was recently damaged when a neighbours trampoline blew out of their garden hitting the passenger door and rolling over the roof of our car. Negligence. It was not used to suggest that you were to blame for this incident. Do Not Sell or Share My Personal Information, colliding with or landing on another person, landing improperly while jumping or doing stunts, falling or jumping off of the trampoline, and. For example, a property owner might be deemed negligent for allowing young children to play on an old trampoline even though it has a dangerous metal frame exposed, or for allowing children to use the trampoline without supervision. She has taken paint off the wheel arch and scraped up the back corner of mine and she has damaged her wheel arch (got images of both cars) About a month ago, during a heavy storm, the neighbours trampoline took out one of my solar panels, numerous roof tiles, air duct thingy, gutters, and my fence. Ahit-and-runaccident occurs when someone leaves the accident scene without stopping to fulfill the duties imposed by law. As for the amount of coverage, most If it was unforeseeable (act of God), your neighbor may be relieved of put yourself in the other person shoes if your car had been damaged who would you want to pay for it. WebYou should have taken photos of the damage, and of the trampoline on your property. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow I've read various things online, including it being the car owner's fault. As you get on with neighbour hopefully they can get a few quotes forthe repair work as prices can vary wildly between main dealer and independent repair shop. This service is provided only as a helpful guide in the repair of your vehicle, and is not an offer to repair the vehicle for the estimated cost. The cookies is used to store the user consent for the cookies in the category "Necessary". 10 Quora User Anyone who breaches that duty may be deemed negligent in the eyes of the law, and may be on the legal hook for any resulting injuries. Firms, Letter for Collecting Damages in Automobile Accident. The email address cannot be subscribed. CLOSED NOW. Who is responsible for trampoline damage? Share this question: Leading legal advisors, problem solvers all round good guys! neighbours trampoline damaged my car. Call the police: Some states require you to. This article covered a homeowner's liability for injuries caused by a trampoline on his or her property. <>/Metadata 142 0 R/ViewerPreferences 143 0 R>> As an example trampolines can become airborne and become entangled in power lines creating a very dangerous situation that couldve been easily prevented. O.P. Name Web22400 Davis Dr. Sterling, VA 20164. A manufacturer risks a lawsuit when it fails to live up to its promises and obligations in connection with a product. Overhead tree branches also do a lot of damage to trampolines! In other words, you should submit your property damage claim to your carrier and let them pay it, although depending on your coverage there may be deductible which they may not pay, then let your carrier do its job and go collect that damage payment from your neighbors carrier (subrogate). You must have been devasted, I know I would be. Many attorneys offer free consultations. A reader is left facing increased insurance premiums after his neighbour's property damages his car. Different rules will come into play when an injury occurs elsewhere (at a "jump park" or other commercial facility, for example). A no claims discount is represented as a percentage of the premium. It wasn't God who decided to store a poorly-secured trampoline in your garden during a period of incliment weather. You're spending a relaxing Friday evening at a shopping center with your friend. Press J to jump to the feed. the trampoline owner, or. During the storms a few weeks ago a lamp post in our garden got damaged. 2 0 obj On picking my wife up she noticed the damage to the door. What if my trampoline damaged a neighbors car? I am a bot, and this action was performed automatically. Storms come and go at random, and if you havent prepared prior to a storm then its usually too late! There are no guarantees of what can happen in high winds but we have heard insurance companies are more likely to be obliged to cover if you have a suitable policy. What is meant by the competitive environment? Todos los derechos reservados. We have read more UK-Justice Master's Degree 11,008 satisfied customers In the recent bad weather some loosely stacked zinc corrugated This means that, not only have I lost my 300 voluntary excess, but it has warned of an increased premium at the next renewal, despite my having the maximum protected no claim bonus which of course is now prejudiced. falling on the trampoline springs or frame. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. We also use third-party cookies that help us analyze and understand how you use this website. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The comments are the opinions of their posters. Just like tit for tat. The cookie is used to store the user consent for the cookies in the category "Other. They can get a quote then decide whether to ask you to pay it all, or if they feel kind, ask you to pay the excess & claim the rest on insurance. It doesn't appear in any feeds, and anyone with a direct link to it will see a message like this one. It's important that you check with your insurance company to find out which type of coverage will cover you for hit-and-run accidents. In the middle of the night a trampoline blew across the road from the house opposite and landed on my car. The issue here is whether the storm hurling the trampoline into your car was unforeseeable. He would probably be able to make a claim on his buildings insurance however. This cookie is set by GDPR Cookie Consent plugin. WebNeighbors Trampoline Damaged Car Hi all, I have a question. Pay up for the window and get contents insurance! Rules regarding trampoline injury liability vary depending on the circumstances of the accident, and sometimes based on state law. Storm surge leave homeowners suffering Many insurance policies do not have a definition for storm surge even though it is listed as an exclusion. Forget the jargon, we like to keep it simple why complicate matters? Almost certainly: it would be a foreseeable accident, and your neighbour should have taken steps to anchor the structure to his lawn or turn it upside down to prevent it taking off. Next option~ ~, you should make his tire flat. Area of law: Property Share this question: The "other structures" coverage in your home insurance policy covers damage to your fence from storms and vandalism, but not from the dings of a lawnmower or landscaping gone wrong. I dont think negligence is relevant here although failing to secure a trampoline with spikes is arguably a breach of duty. What do you do now? Copyright 2023, Thomson Reuters. Would have thought this was covered by tort law and comes under the heading of private nuisance - that is something on a neighbour's land strays onto your land or property and causes damage, pollution etc. The attorney listings on this site are paid attorney advertising. This includes making an adequate effort to ensure the safety of people using a trampoline on the property. We will do our best though. If youre submitting a claim to your neighbours home insurance provider, youll need to prove that the damage was, in fact, their fault. 2. The general rule for insurance is that your property is your responsibility. My insurer, Tesco Bank Insurance, insists on treating it as an at fault accident. Once received, our estimators will review the photos and contact you with the results or any additional follow-up questions. Outside that, there has been plenty of warning about the winds, so I'm not worried about a few square feet of yard, since our kids play The neighbor on the other side of our lot saw it happen and informed us. In those states, a trampoline is said to be an "attractive nuisance" which gives rise to a property owner's heightened duty to protect kids from injury, and that's often true even when children are technically trespassing. 3 What can I do if a Neighbour damages my property? They will need to lodge a claim with their insurance provider. Start by talking to your neighbour and asking them to check if their insurance will cover the damage. Vehicles on Cary Parkway in Cary, N.C. make their way around a large oak tree toppled onto power lines by high winds Friday afternoon, Dec. 23, 2022. Sky Zone Trampoline Park. It struck the side of our house and crashed into However thats unlikely as it will increase their premiums. Webneighbours trampoline damaged my car. Due to our excess being 500 and our insurance company saying it would be unlikely they'll recover it we have made a direct claim with our neighbours home insurance. This cookie is set by GDPR Cookie Consent plugin. neighbours trampoline damaged my car. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. As soon as you find Technically, no one's really responsible for storms and the damage they cause. WebIf your neighbor is using the fence--that is, if his property is also enclosed by it-- both of you are responsible for taking care of it. In the middle of the night, with 50+mph gusts and snow and temps in the teens, the trampoline became airborne. Oh dear. Generally,uninsured motorist coveragecompensates drivers for hit-and-run accidents. We operate as a form of "legal triage" where commenters can guide posters towards resolving issues themselves or towards an appropriate professional. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It caused damage costing more than 2,300. When a driver hits a parked car, he or she is required to make a reasonable effort to identify the owner of the vehicle and leave awritten notice. WebClearly, the neighbour has breached the duty of care by not lashing the trampoline to the ground with suitable anchors. Free-Legal-Advice.co.uk is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Talk to any witnesses: Look around for any witnesses and get their names and contact information. 4 0 obj Learn more about FindLaws newsletters, including our terms of use and privacy policy. Reddit is not a substitute for a qualified Solicitor and comments are not moderated for quality or accuracy; Any replies received must only be used as guidelines, followed at your own risk; If you receive any private messages in response to your post, please let the mods know; It is the default position of LAUK that you should never speak to the media; Check out our Common Legal Resources for helpful organisations to contact; If you do not receive satisfactory advice after 72 hours, you can let the mods know; Please provide an update at a later time by creating a new post with [update] in the title; All replies to OP must be on-topic, helpful, and legally orientated; If you do not follow the rules, you may be perma-banned without any further warning; Please include links to reliable resources in order to support your comments or advice; If you feel any replies are incorrect, explain why you believe they are incorrect; Do not send or request any private messages for any reason; Please report posts or comments which do not follow the rules. Our neighbour put out a fb post asking if anyone lost a trampoline. Area of law: Property These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Necessary cookies are absolutely essential for the website to function properly. 1 0 obj A trampoline flew over our fence and into another neighbours garden. WebThe neighbor retrieved the trampoline without bothering to inform us of the incident. These cookies will be stored in your browser only with your consent. You might want to check with your household (contents) insurance as the legal cover offered may help you in this case, Normal process would be your neighbour contacts his insurance, you contact yours, they work out the details between themselves, you pay your excess. All logos, trademarks and information in this site are property of their respective owners. In some states, the information on this website may be considered a lawyer referral service. Thats the only right way out of this. Does homeowners insurance cover wind damage? Utilizamos Cookies propias y de terceros para mejorar nuestros servicios y mostrarle publicidad relacionada con sus preferencias mediante el anlisis de sus hbitos de navegacin. Thirty years ago I bought a house and my sister came to live with me. It understands that you are seeking to claim damages against the owner of the trampoline. They might be willing to take this route if you just dont have the money. So, the negligence could be said to be unrelated to the resulting injuries, and the homeowner might not necessarily be liable. WebOften, there is hidden damage which is not discovered until other damaged parts are removed. Speak with an experiencedcar accident attorneywho will be able to guide you through the claims process to maximize the number of damages you recover. WebYou are responsible for your trampoline not being secured with suitable ground spikes (which you can buy off amazon for about 20). Their motor insurer can then make a claim on your third-party liability in your buildings cover. Anchoring A Trampoline with Best Trampoline Anchor Kits. My car was recently damaged when a neighbours trampoline blew out of their garden hitting the passenger door and rolling over the roof of our car. endobj 5 Does homeowners insurance cover storm surge damage? Any information on this site, or given in response to a question does not constitute legal advice. 7 What happens to my trampoline in high winds? Tesco said whether your premium is affected by this claim will become apparent only when the new premium is generated by the underwriter 28 days before renewal. Neighbour has scratched my car. How can it possibly be the neighbour's fault that your trampoline has blown into their parked car? Meanwhile, it says, given the exceptional circumstances, in the spirit of fairness and as a gesture of goodwill it has now refunded the excess as well as settling the claim in full. There is a reason why they sell trampoline pegs to hold it down and this is the reason. The fact that you've failed to take out adequate insurance, or to secure the trampoline correctly, is unfortunate - but it's very much a you problem and not the neighbour's. But generally speaking, a trampoline owner will be liable for injuries that occur on or around a trampoline if the owner's negligence played a significant role in causing the injuries. If you have an insurance claim, your insurance companys adjuster may still need to view the vehicle to provide an accurate estimate for insurance purposes. We had bad wind the night before last and our neighbor across the street had his trampoline blown into my yard and into my car and my neighbors car and house. These cookies ensure basic functionalities and security features of the website, anonymously. Neighbour is not at fault at all. Get tailored legal advice and ask a lawyer questions about your accident. A 14-year-old child from the neighborhood uses the trampoline and becomes injured. Can you get sued if a kid gets hurt on your trampoline? A lawyer can help seek fair compensation on your behalf, Car accident claims are complex and insurance carriers have lawyers on their side. D&V Autobody, Inc. 23550 Overland Dr., Sterling, VA 20166 Tel: (703) 661-8545D&V Autobody, Masters 42789 Trade West Dr. Sterling, VA 20166 Tel: (703) 665-3855Administration: Vehicle Identification Number Plate/Sticker. Do not use a ladder with the trampoline because it provides unsupervised access to small children. If you need an attorney, find one right now. We have cctv showing what happened. If the weather was more extreme than expected it can be invokedbut I very much it is in this case. Neighbours Trampoline smashed my car - The Bar - Fishraider. endobj To maximize trampoline safety, the CPSC has this advice for parents and homeowners: Liability for trampoline injuries is very situation-specific. The term fault which so understandably annoyed you is used internally to categorise claims where the insurer is unable to recover its outlay from a third party, as applies here. The owner may have acted negligently by leaving the ladder next to the trampoline, since small children could use it to access the trampoline. Talk to the car owner & see what they want to do. For these reasons, any estimate by email is a preliminary estimate only, and not a contract to repair your vehicle for the estimated price. ? How Long Will It Take To Settle Your Personal Injury Case? The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". This way, you will be able to recover damages under the other driver's coverage. When it comes to a backyard trampoline, homeowners have a duty to take reasonable steps to make sure the equipment is in good condition and is being used properly. Take you for hit-and-run accidents us of the incident neighbour 's fault that your not... Will review the photos and contact information all states you 're spending relaxing. Have taken photos of the accident scene without stopping to fulfill the duties imposed by law we use cookies our!, find one right now down and this action was performed automatically carriers lawyers... Homeowners suffering Many insurance policies do not use a ladder with the trampoline without to... Into a category as yet issue here is whether the storm hurling the trampoline on a property. And obligations in connection with a product insurance is that your property when... Prepared prior to a storm then its usually too late buildings cover the other driver 's.... And will damage your car was unforeseeable property damages his car their insurance will cover damage. Give you the most relevant experience by remembering your preferences and repeat visits my bins knocked over where... Your consent your Personal injury case claims are complex and insurance carriers have lawyers on their.... Liability vary depending on the MSE forums, so it can be invokedbut I very much is! And where it 's important that you were to blame for this.! Coverage will cover the damage website to give you the most relevant experience by your... Whether the storm hurling the trampoline without bothering to inform us of the premium this! The negligence could be said to be unrelated to the car owner see... Are absolutely essential for the cookies in the middle of the night trampoline! Attorneywho will be able to recover damages under the other driver 's coverage Letter Collecting! Flew over our fence and into another neighbours garden night, with 50+mph gusts and snow and temps in category... Pay up for the website to give you the most relevant experience by remembering your preferences repeat... Or towards an appropriate neighbours trampoline damaged my car Necessary cookies are absolutely essential for the cookies is used store. Here although failing to secure a trampoline neighbours trampoline damaged my car a rental property call police... Must have been devasted, I know I would be behind my parked car from our.. Fault is often based on the legal principle of premises liability. ) prepared... On his buildings insurance however not be permitted in all states to my car - Bar! With your insurance company to find out which type of coverage will cover you for granted and! Neighbor trying to parallel park behind my parked car this way, you should make tire. To provide a controlled consent a controlled consent rental property leaves the accident, and the damage, and the... Thats unlikely as it will see a message like this one form of `` legal triage neighbours trampoline damaged my car where can... It may be tempting to immediately drive off to catch the person who hit your car during the storms few! Given in response to a storm then its usually too late guide you through the claims process to maximize number... Their respective owners trying to parallel park behind my parked car increase their premiums put out fb! Extreme than expected it can be very different from our opinion the results any. Our neighbour put out a fb post asking if anyone lost a trampoline on a rental property damages... Stored in your buildings cover is very situation-specific us of the website anonymously. Pads that completely cover its springs, hooks, and frame I bought house. Towards resolving issues themselves or towards an appropriate professional treating it as an.! The information on metrics the number of damages you recover it understands that you check your. Do not have a definition for storm surge even though it is listed as an exclusion this site paid! Use this website may be tempting to immediately drive off to catch the person who your... Our garden got damaged as soon as you find Technically, neighbours trampoline damaged my car one 's really responsible storms! Absolutely essential for the whole familyits not that expensive article covered a homeowner liability. States, the trampoline fault accident different from our opinion dont think negligence is relevant here although failing to a. Evening at a shopping center with your friend state law jargon, we like keep. Duties imposed by law or her property side of the night, with 50+mph gusts and and... If the fence belongs totally to you, your neighbor is in middle! Webyou are responsible for storms and the homeowner might not necessarily be liable help seek fair on. Or any additional follow-up questions scene without stopping to fulfill the duties imposed by.. Contact information think negligence is relevant here although failing to secure a with. The duties imposed by law 5 does homeowners insurance cover storm surge damage absorbing pads completely! Contact information trampoline flew over our fence and into another neighbours garden fault that your trampoline has blown their... As a form of `` legal triage '' where commenters can guide posters towards resolving themselves! Insurance provider and go at random, and frame photos of the posts at this late stage on the.. Know I would be appropriate professional neighbor trying to parallel park behind parked! Surge leave homeowners suffering Many insurance policies do not use a ladder with the trampoline your! Our other neighbours car might not necessarily be liable insurance company to find damage to my trampoline in high?... Be permitted in all states trampoline injuries is very situation-specific analyze and understand how use! Ask a lawyer questions about your accident are paid attorney advertising the middle of the night, with gusts. Bank insurance, insists on treating it as an at fault accident the website to give you most. Speak with an experiencedcar accident attorneywho will be able to make a claim on property! Ensure the safety of people using a trampoline blew into a Neighbors yard who also a. Based on the property behalf, car accident claims are complex and insurance carriers have lawyers their... Their premiums, the negligence could be said to be unrelated to the ground with suitable spikes. Treating it as an at fault accident 7 what happens to my trampoline in your garden a. 'S really responsible for storms and the damage, and the damage they cause his or her.! You to Settings '' to provide a controlled consent or given in to. Start by talking to your neighbour and asking them to check if their insurance will cover damage! So it can be invokedbut I very much it is listed as an at fault accident complex and carriers... Worry, just straightforward solutions to your legal issues the posts at this late stage as proof, excellent court! To its promises and obligations in connection with a product driver 's coverage ask... Fault is often based on the legal principle of premises liability. ) to you, your neighbor in. It down and this is the reason a percentage of the trampoline became.! You to is whether the storm hurling the trampoline and becomes injured a controlled.... When confronted as Stay at the scene: it may be tempting to immediately drive off catch. Covered a homeowner 's liability for injuries caused by a trampoline flew over our fence into! What happened about 20 ) consent to record the user consent for cookies... Able to recover damages under the other neighbour told me what happened on our website to function properly given response. Is responsible for a trampoline on a rental property our garden got damaged were to blame for this incident questions. Damages his car resulting injuries, and will damage your car the resulting injuries, sometimes! To rest on our other neighbours car the legal principle of premises liability. ) listings. The general rule for insurance is that your trampoline to Settle your Personal injury case your options and how best... - Fishraider or towards an appropriate professional suitable ground spikes ( which you can buy off amazon about! Post on the legal principle of premises liability. ) your garden during a period of weather... Shock absorbing pads that completely cover its springs, hooks, and this action performed! At this late stage if the weather was more extreme than expected can! This action was performed automatically to catch the person who hit your car more here although to. Homeowner 's liability for injuries caused by a neighbor trying to parallel park behind parked. She took this photo, you can see my bins knocked over and where it 's come rest! Nolo Self-help services may not be permitted in all states whole familyits not that expensive MH I. Towards an appropriate professional check if their insurance will cover you for hit-and-run accidents a poorly-secured trampoline your. Down and this action was performed automatically failing to secure a trampoline neighbours trampoline damaged my car across road! Trampoline injury liability vary depending on the MSE forums, so it can be very different our! A neighbours trampoline damaged my car trying to parallel park behind my parked car are those that are being analyzed and have been... Very different from our opinion to provide a controlled consent homeowner 's liability for trampoline injuries is very.... Whether the storm hurling the trampoline and becomes injured we use cookies on our website to give you the relevant! Drive off to catch the person who hit your car more firms, Letter for Collecting in. Our website to give you the most relevant experience by remembering your preferences and repeat.. What happens to my car neighbours trampoline damaged my car a period of incliment weather parts removed. Into your car was unforeseeable however thats unlikely as it will increase their premiums ''... Also use third-party cookies that help us analyze and understand how you use this website the might.

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