My car damage by neighour handyman's ladder left on my property. Legal Advice?

My neighbour is doing some handyman work on his property and he left a ladder on my property. I backed my car and drove it on a ladder he left on my property.

What are the legal implication. Should handyman insurance pay for damages. I called my car isurance and they it will be my fault as I should have seen what is in the back of car. But isn't that he should not have left his ladder on my property. It is his mistake?

R1volta

Its your fault. You should always check behind you when backing up. Its a good think it wasn't a child behind your car.

;)

Put the claim under your insurance and let your insurance subrogate his insurance. That way you don't have to wait for any repairs to your vehicle.

CowboyBill

For God's sake, what are you whining about? Be thankful it wasn't a child you backed over, doofus and move on with your life. Crap happens, man.

aout

He's wrong for having left his ladder behind your car. But, you should always check to make sure there isn't anything behind your vehicle before you even get into the car if you will be backing out. Therefore, your at fault, not him.

Infinity606

this is what you would call a mixed-liability claim. yes they had some fault in leaving the ladder on your property, but you have a primary duty to make sure the way is clear before moving your vehicle. as a result, you would probably be found primarily liable and would only get (if any) a small portion of payment for your damages. in the claims world, 2 major things drive liability decisions: duty owed, duty breached. they have a duty to collect their items and maintain a safe working area and clearly breached that. you have a duty to make sure the way is clear before moving your vehicle. if i were you, i would just eat the cost of the damages and move on. in some states, the fact that you have any fault would deny you any compensation at all.

D.L.

the neighbor should file the claim under his homeowners policy.

oklatom

The best advice I can give you is this. Contact the handyman who owns the ladder, and offer to pay for any damages to his ladder. If you are backing up and hit something it is your fault. You should have made sure it was clear before backing. No, he shouldn't have left it there, but suppose a child had wandered behind your car, would you still be asking this question?

If your car is also damaged, and you have collision coverage, they will pay for repairs less your deductible if any.

File a small claims case against your neighbor, or maybe his handyman. When you go to city hall to file, ask them who it is you should be suing.

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