My neighbor's painter used the heavy duty ladder, the one that can be extended. However, my wife said it fell on my car and damaged my car and windshield. The guys tried to get my home owner's insurance policy no. which I refused to give one.
Last week, all 4 tires of my car got slashed by vandalism and I reported it to my auto insurance. It never happened to me before. And I have a pretty good record.
Do you think I still need to go though my insurance co. to repair the damange and they can go against the painter company? Or should I get it fixed through the painting company?
I am trying to figure out which route is better one. If I go through insurance co., it will be less headache. But would'n it have an impact on my record although I am not at fault?
Or should I go through the painting co., so my insurance co. does not need to know and potentially no records. Any experience or advice on this issue? I'd really appreciate it
2006-08-04 08:31:56 · 13 answers · asked by WiseJ 2 in Cars & Transportation ➔ Insurance & Registration
call your insurance carrier, and pay your deductible
--less headaches
the insurance company will surrogate (collect) from the painter's insurance or the homeowner( as appropriate)
the ladder damage and the slashed tires are 2 separate losses subject to separate deductibles
2006-08-04 18:30:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You are entitled to payment for damages, including use of a rental car while yours is being repaired, caused by the painting company's negligence.
If they refuse to provide you with their insurance information, there are three options I can think of immediately.
#1. Ask your neighbor for his homeowner's insurance. Some policies provide for employees liability. I would bet that his H O insurance company will turn down this claim, but your neighbor will not be pleased to have to submit a claim on behalf of a contracted employee when they should have handled this themselves.
#2. Have your insurance company handle the claim. They have the resources to take care of the damages quickly and will attempt to have the painting contractor repay them.
#3. Take the painting contractor to small claims court. Make sure you have photos, estimates of damages, witnesses, and a diagram of how it happened. When you win, place a lien against the company. This should show up every time they go for a loan or if they try to sell the business. However, the lien really won't be effective if thet go out of business or they are so successful, they can ignore you.
Good luck to you.
2006-08-04 09:04:19 · answer #2 · answered by RDW928 3 · 0⤊ 0⤋
Go through your insurance company and let them go after the business that caused the damaged to your car. It should not go on your record since it is the another party's fault.
I was rear ended in a four car accident. The responsibility lay on the perpetrator of the accident. Even though another party was repsonsible and I had rental car insurance my primary insurance company called and asked for details of the accidednt and a list of other involved partys. I was not penalised in any way by going through my primary insurance company.
2006-08-04 08:45:29 · answer #3 · answered by katie V 2 · 0⤊ 0⤋
I think I know where you're coming from, but this should be put through your insurance company. First, the damage was through no fault of yours and the contractor should be the one to pay, so they shouldn't put a mark against you.
Second, the tire slashing incident sounds like it might be related and that is how I would put it to the insurance company. That would partly excuse you for not reporting it immediately. You could say, "I wasn't going to report it and pay for it myself if they didn't." But then they got confrontational and coincidently my tires got slashed.
2006-08-04 08:52:36 · answer #4 · answered by Wascal Wabbit 4 · 0⤊ 0⤋
You have to go after the painter, and the neighbor.
Both are responsible, and if the painter has no insurance, his applies first, , the neighbor's home owner's ins. will have to cover the damage.
Homeowners should always be sure a contractor carries liability ins.
This applies to personal injury as well.
2006-08-04 08:38:21 · answer #5 · answered by ed 7 · 0⤊ 0⤋
Just call your insurance company, pay your comp deductible and let them go after the painting company. You pay insurance for this reason. Once the insurance company is reimbursed by the painting company, you'll get your comp deductible back.
In my insurance company, comp claims aren't chargeable and shouldn't go against your rates. But call your agent just to make sure.
2006-08-04 09:11:37 · answer #6 · answered by mktobyjo 3 · 0⤊ 0⤋
Call you insurance Co. You pay them to handle things like this for you! You didn't do anything so it will not create a record on you! Just call , then you won't have to worry about it!
2006-08-04 08:37:30 · answer #7 · answered by wishiwereatthebeach 3 · 0⤊ 0⤋
Go through your insurance company to get them to file against your neighbor's insurance company-- they are at fault . Seeing how your neighbor want to file with his( because it will raise his rates ) get your company to do the fighting for you
2006-08-04 08:39:39 · answer #8 · answered by Ladder Captain-29 5 · 0⤊ 0⤋
The painter should have paid to fix your car. If they refused, you should have called the police. You also should have called the police about your tires. I would try to get the painter to possibly pay for both. Seems too coincidental....
2006-08-04 08:39:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Always report it to your insurance company. Let them hire the lawyers to make your neighbor's insurance pay.
2006-08-04 08:37:42 · answer #10 · answered by t79a 5 · 0⤊ 0⤋