While clearing the lot next door for a new house, the clearing company hit our mail box and damaged it (it is the big, match the house type).
Who is responsible, the property owner or the trucking company??
2006-12-24 00:37:39 · 9 answers · asked by ? 7 in Politics & Government ➔ Law & Ethics
Thanks for the response. The owners got nasty and claimed they weren't responsible the minute I showed it to them. Called me a liar and offered no solution even the name of the clearing company. Great way to start a new neighbor relationship. Thanks again. Happy Holidays to everyone.
2006-12-24 00:52:37 · update #1
Whoever the driver of the truck works for is responsible
2006-12-24 00:40:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The property that work has begun on needs to display a building permit. (If none is displayed as of yet, call the town). The building permit should have the name of the general contractor on it.
Call the general contractor and explain what happened, and he will give you the name of the company or contractor who is clearing the land, whose truck hit your mailbox. Then contact them, explaining what happened. Unless their driver is also that company's owner, they are probably unaware of any incident.
The general contractor or the land clearing contractor will most likely make good for you as soon as they become aware of this problem, but if they don't, then those two contractors are the ones to pursue for the replacement cost of your mailbox. I don't think you'll have any difficulties.
The actual property owner (unless he is also one of the above two contractors) has no liability at all for your damage. He didn't do it, the contractor/s did.
Good Luck.
2006-12-24 09:38:02 · answer #2 · answered by gr8 3 · 0⤊ 0⤋
If you have not enough understanding of tort law to know who is the tortfeaser in such a case, you will have to take your fact situation to an attorney to file the action. He will probably name both your new and unfriendly neighbor as well as the company involved in clearing the land.
The company will be bonded, or should be bonded to receive a license to do work of that sort. It is improbable, however, that the new owner would already have taken out homeowner's insurance on a vacant lot. If the court finds the owner liable, you will probably have to undertake action suplemental to get the money. Attach his car or the new house. That always has an immensely sobering effect.
Since it is a mailbox, I'd file in small claims, you can do that yourself, but go after both parties so that the court can determine liability between them. Got witnesses? Evidence? Get it all on paper to hand to the court and to the other parties to the action at the hearing. Remember that the court, not a jury, will be the finder of fact in a small claims action.
Years ago I learned how to handle my own legal matters. It has saved me thousands, I have handled a considerable aray of civil causes, and one charge of assault (leveled to force a settlement and get money from me) and I have never lost a single case. In the misdemeaner accusation, it cost the accuser $2,500 to deliberately inflict emotional pain and suffering on poor me.
Your state publishes a handbook on procedure, both civil and criminal. Get one and start your legal education there. Go to a law library and ask how to find cases like yours; there is someone there, a student probably, who is enormously proud of his knowledge and will be pleased to demonstrate it for you. You will learn your way around.
Become your own attorney. Courts don't like pro se cases, but they fear them because if they screw up, it's easy to appeal. They will treat you well and help you present your case.
Get in there and go for it.
2006-12-24 09:27:06 · answer #3 · answered by john s 5 · 0⤊ 0⤋
They both are, but if they won't give you the name of the clearing company , all you can do is sue them.
They can try and get the money back form the clearing company after they pay you.
Use small claims court, it is easy to do
2006-12-24 09:18:25 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The company!
2006-12-25 00:06:23 · answer #5 · answered by inquiringmind 2 · 0⤊ 0⤋
Thew contractor, the property owner, or the trucking company.
2006-12-24 08:47:01 · answer #6 · answered by Bawney 6 · 1⤊ 0⤋
The trucking company is responsible, no doubt about it.
2006-12-24 08:40:32 · answer #7 · answered by krupsk 5 · 0⤊ 0⤋
the clearing company.
2006-12-24 08:49:09 · answer #8 · answered by Chrissy 7 · 0⤊ 0⤋
The trucking co., altho if they refused to pay you could go after the proprty owner.
2006-12-24 08:46:02 · answer #9 · answered by Anonymous · 1⤊ 0⤋