I bought some firewood and had it delivered to my house. In the process of backing into the spot to dump the wood, the truck fell into an abandoned septic tank (of which I had no knowledge) and had to be pulled out by a large wrecker (very expensive).
The driver says that I must pay the bill because I directed him where to drive nad dump the wood. I told him to dump where he had the year before (this is the second time he has delivered wood to my house), so that part of his statement is true. The only problem would be that he "turned into" where he thought he should dump too early and therefore not only dumped it in the wrong spot but fell into the hole. The previous year he backed into and dumped where he was supposed to with no issues.
I called my home owners insurance company about them paying for the towing but recieved a letter back stating that I could not be held liable for something I had no knowledge of. The insurance company will only pick up the tab if I was negligent. The driver wants to take me to small claims court, and I had offered to pay for half of the towing but no go. I also suspect he has no insurance at all to pay for anything. Who should be paying the towing bill. Thanks.
General Practice Lawyer
Thanks for using Avvo. I am an Avvo Staff Moderator. To read more about our moderation team, follow the link below. Because Avvo does not yet have a lawyer directory in your state, you may not receive a lawyer response. My goal is to give you some preliminary information and guidance regarding your legal situation while you wait for an attorney in your area to respond.
You should push back with your homeowner's insurance - this was a dangerous condition on your property, and you (and your insurance company) are most likely responsible for it whether you knew about it or not.
Personal Injury Lawyer
Based on the information in your question, it would appear that your insurance company is correct. If you are sued by the driver in small claims court, you should immediately notify your homeowners insurance carrier, which will then provide a defense for you and pay any judgment in the event one is ever entered against you.
2 found this helpful
1 lawyer agrees