To make a long stort short, I was delivering a pizza, and when I was on the customer's property, my car got stuck on some mud, and it could of damaged some stuff. Could I do anything legally about this as far as compensation is concerned
2006-09-11 04:25:00 · 11 answers · asked by james w 3 in Business & Finance ➔ Insurance
Probably not - let's look at what really happened:
"I drove my car into some mud, it got stuck, and there is damage"
If your question is, "Can I be compensated for damage to my vehicle because of this?" then still no.
Unless the property owner intentionally caused you to become stuck by either concealing the mud or directing you into it, you can't blame to property owner.
Also can't blame the pizza shop and try to get comp from them - they make you sign a waiver and proof of insurance when you got hired.
If your question is "Can I make a claim for damages to my car under my insurance policy?" - the answer is probably not.
Since you were the one that drove the car into the mud, you are responsible. Unless you have some serious damage to your vehicle that is way over your deductible, its not worth it.
If your question is "Can the property owner come after me for damage to the property that I caused when I got my car stuck in the mud?" then the answer is yes.
Your insurance should have property damage liability - usually in the tens or hundreds of thousands of dollars. This is the part of the insurance that covers the damage to property you cause as a result of operating the vehicle.
In this case, the property owner can make a claim against you, and your car insurance should cover it. Again, since you signed a waiver, you would not be covered by the pizza shop or even state laws that protect you since you were "on the job".
Hope this clears it up and helps!
2006-09-11 04:35:19 · answer #1 · answered by wyntre_2000 5 · 1⤊ 0⤋
wyntre 2000 is completely right.
You took the risk by driving your car delivering pizza. I wouldn't suggest notifying your insurance company that your car was damaged in the pursuit of a business. Unless they are specifically aware that you were using the car for business purposes, you might be in for cancellation or non-renewal of insurance. If you file a lawsuit, your insurance company will be notified of this. Of course, if you HAVE NO INSURANCE, that is a completely different story.
I wouldn't sue the owner of the property. You were the one who drove in where you drove in and got your own vehicle stuck. You bear the burden of proof that he was somehow negligent for getting your car stuck. He wasn't, except that he ordered a pizza from your company. The bad side: Your company will lose money...he'll tell his friends and neighbors, they'll tell their friends and neighbors, etc., etc., etc., on down the line. The bad press your company receives from this will probably cause you to lose your job. You'd probably have a better chance of getting compensation from your company, if you didn't sign any waiver...I wouldn't do that, of course, because you'll be out of a job so fast your head will spin. Companies do not look favorably on such lawsuits. Plus, you'll have court costs and all the associated fees should you lose your case (and it's highly likely you'll lose your case).
Suck it up and pay for any damages that happened in the course of this incident. Sometimes it's just better to let things go than pursue legal means.
2006-09-11 11:40:19 · answer #2 · answered by Hello Dolly 4 · 0⤊ 0⤋
Some answerers are unaware there are laws that state you can sue someone for damages or injuries caused by unabated risks on private property.
For example, if you tripped on a huge crack in their sidewalk as you approached their front door, causing you to fall and be injured, you can sue, because the crack was apparant to them and should have been repaired.
If these folks knew about their deep mud and did nothing to ensure it wasn't driven into, and the mud can be shown to have caused damage to your car, you can claim damages.
Get your car inspected ASAP, then see an attorney. These laws differ according to the state.
2006-09-11 12:11:20 · answer #3 · answered by Suzanne: YPA 7 · 0⤊ 1⤋
You're responsible for any damage to the lawn that your car caused . . .they are NOT responsible for damage done by the mud.
As a side note, many companies will cancel a personal auto policy if you use a vehicle for delivery purposes, including pizza delivery.
2006-09-11 14:42:32 · answer #4 · answered by Anonymous 7 · 0⤊ 0⤋
I think you have no recourse. How can getting stuck in the mud damage your car?!?!? Be careful where you park from now on.
2006-09-11 11:27:15 · answer #5 · answered by c.arsenault 5 · 0⤊ 0⤋
Try to ask a lawyer or go to the court maybe you can appeal a small case.... But really ask someone professional.
Good Luck
2006-09-11 11:30:41 · answer #6 · answered by Roxy 3 · 0⤊ 0⤋
No. But if you damaged his property he could sue you.
2006-09-11 11:28:24 · answer #7 · answered by Barkley Hound 7 · 0⤊ 0⤋
Contact your Ins. Agent. He/She will let you know if you should have your vehicle inspected for any damage.
2006-09-11 11:27:53 · answer #8 · answered by Q.S.G 3 · 0⤊ 0⤋
Try the links in http://www.hot8sites.com/legal/
2006-09-11 11:27:24 · answer #9 · answered by prakunna 3 · 0⤊ 0⤋
This is America, you can sue anyone for anything.
2006-09-11 11:30:48 · answer #10 · answered by Chrystell L. 1 · 2⤊ 0⤋