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My parked car was hit by a Home Depot rental truck. Ive been trying to collect from Home Depot but keep getting the run around.

Floral Park, NY |

Someone was kind enough to get the plate number. Home Depot did acknowledge it was there truck. But everytime I call or go to Home Depot I am told the Corporate office will get back to me. What can I do?

Attorney Answers 5


  1. They are a pain to deal with. If you have collission insurance it will be easier to make a claim and let your insurance carrier subrogate against Home Depot. Do you have the police accident report? If the truck was rented by someone the driver may have his/her own insurance. The insurance company code is on the report and you can get the name of the carrier here:

    http://dfs.ny.gov/insurance/dmvindex.htm#dmvnum

    If all else fails, you can sue Home Depot for the property damage. There attorneys in New York are a firm named D'Amato & Lynch.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. Depending on the amount of the claim, the best approach is to run - don't walk - to your local town court or small claims court and immediately file a claim. Make certain to have an estimate available to support your claim. Your own insurance company may help you with that so, I suggest you call your broker.

    The problem with filing under your own collision coverage (if you have it available) is that you will still be subject to your own deductible. Good Luck.

    The underlying facts for each situation are unique. Any responses given are for informational purposes only and are not designed or intended as professional legal advice, since any suggestions may not apply to your specific circumstance. This information exchange does not create an attorney-client relationship of any kind. Should you determine that you need immediate legal assistance or action , you should contact your local Bar Association for a referral to an attorney in your area.


  3. Have your own insurance resolve it, or go to small claims court.


  4. File a police report on the incident. The officer will identify the insurance carrier for Home Depot. File your claim against the insurance carrier for Home Depot.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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 within the 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 strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  5. File a lawsuit

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