I hired a roofer and he splashed paint on my neighbor's car. Am I responsible for damages?

Question

I gave my neighbor all the contact information for the roofer, but he (my neighbor) insists that I'm responsible for paying for the detail he had performed on his car. I believe that since the roofer got the paint on his car (and later removed it), that any additional repair should be performed by the roofer, not by me.

Answer 1

The roofer is responsible. That's why you should always hire someone who is bonded, and insured.

Answer 2

I agree with you, the roofer was responsible, and the roofer also, I'm sure, has insurance to cover that type of thing. Plus, what damages are left if the roofer fixed the damage? What additional repairs need to be done? If paint damaged it, and the paint was removed, as long as the removal didn't cause any additional damage, then your neigbor doesn't have a case.

If I were you, I'd tell your neighbor to go ahead and sue me for it -- it'll get laughed out of court.

Answer 3

Your neighbors car was splashed by someone working for you, so you are responsible to your neighbor for the damages.

If the roofer was working for you as a contractor, he is responsible to you. So you pay the neighbor, and the roofer pays you. If he's a licensed contractor then he's required to have liability insurance to cover stuff like this, and normally all you have to do is pass the neighbors claim on to the insurance carrier, and they deal with it. If he's not licensed, you may have just had an expensive lesson in why not to use unlicensed contractors.

If the roofer was working for you as an employee, though, then he is NOT responsible to you. Employees are not liable to their employers for accidental damage they cause in the scope of their employment.

Richard

Answer 4

The roofer is your agent as you were the one who hired him and are responsible for his actions. You are responsible for the damages directly and have to pay the neighbour. You have to try to get reimbursement from your roofer if you can.
Those of you who think I am wrong will find in time I am not. This is how the law works. Believe it or not. You are responsible for the actions of those you hire. Marking with a thumbs down does not change that fact.

Answer 5

You are not responsible for anything unless your neighbor has proof that there was paint on his car. More specifically, that the paint was from the roofer. Even if there was, it would be the roofer's responsibility to pay for the cost to remove the paint, but not a full body detail job.

Answer 6

The roofer is ultimately responsible. But it might end up being a circular thing, where you are responsible to the neighbor, and the roofer is responsible to you.

Answer 7

The roofer is responsible

Answer 8

well if you didn't check to make sure the roofer was bonded and insured, then if he is not, you will be liable.

Its unlikely that the roofer is NOT insured.

However, if worse come to worse, your homeowner's insurance should cover you. You should contact the roofer immediately!!!!

Answer 9

This sounds like a clear cut case of the roofing company being at fault. The company's insurance company should investigate and pay for any damages. However, if the roofing company has no insurance and the guy skates on you, your home ownwers policy should come to your defense.

Answer 10

Generally the contractor is liable. Tell your negbor to put his claim in writing & submit it to your roofing contractor or his liability insurer. You MAY have your own coverage thru your homeowner's policy. You can submit a copy of the claim to them.

It is up to YOU to make sure the contractor has liability insurance when you hire him; otherwise you may well find that prying money out of a contractor can be as easy as prying teeth out of an alligator.