My car was damaged while at work by a Landscape Company..

Asked about 5 years ago - Jamestown, NC

I was parked in a legal parking spot at work and when I came out from working all day I noticed the side of my vehicle had been hit several times with rocks and the window had been hit with a rock a busted. There was grass thrown all over my vehicle. The Landscape guy turned the claim over to his insurance Company. They rented me a vehicle to drive but today they called and said they had made a mistake and rentals are not covered by his policy and I must return the vehicle even though my car will be in the Shop another 2-3 days. My car is the 2nd one within a 2 week period that has been damaged by this Company. What is my options

Attorney answers (1)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . Property damage claims usually include claims for loss of use or for the replacement value of damaged property while it is being repaired. I have the feeling that they are improperly interpreting the general liability policy held by the landscaper. Such policies do not usually have a "rental clause" as you might see in an automobile liability policy that you hold.

    One option is to contact the owner of the landscape company and tell him what his insurance company is telling you and ask him to have his attorney check his policy to see if he, in fact, is covered. Another option would be for you to sue the landscape Co. in small claims court. Another option would be to put this claim under your own comprehensive automobile liability insurance, if you carry comprehensive.

    You need to be cautious not to sign a release for this incident, as the general release would include a later claim for the rental vehicle and signing the release can bar your recovery for the rental.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen advises the questioner to confer with an attorney in their state in order to ensure that proper advice is received.

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