A garbage truck at 7:00 AM hit my parents house one morning. There was an investigation about the driver watching porn while on the job and it is unclear what happened after that as to what caused him to fall out of the truck bloody as it was coming straight for the house. it hit the front corner of the home and it has taken almost a year to fix damages my parents are frightened and paranoid all the time now they went through so much stress. Both of my parents and dog was home at that time and luckily no one was seriously injured or killed. I want to know if they can sue the company, Republic for what happened and the damage it has caused my family and home.
They do have a case and they need to get to an attorney as soon as possible. There may be some evidence that this misconduct was extremely reckless and subject to punitive damages which makes it easier for an attorney to take on this property damage case.
I agree with Roger that your folks ought to contact an attorney right away. There are numerous legal questions at issue here, but I am glad your family members are ok.
Hopefully, your parents had homeowner's insurance and their homeowner's insurance covered the damages. Hopefully, your parents had replacement cost coverage. Unfortunately, there will be damages which your parents suffered which are not covered by their insurance.
Your parents have a claim for all the damages which they suffered (whether or not it is insured). The homeowner's insurance carrier is subrogated to the overlap between what it paid and what your parents can recover. Some of what the insurance company paid (for example, the additional amount which the insurance company paid because of replacement cost coverage over the fair market value of destroyed property) the insurance company cannot recover. If your parents do not file suit against the driver and/or his employer, the insurance company will file suit (or file a claim in arbitration if both insurance companies have agreed to arbitrate subrogation claims) in your parent's name. Before the insurance company files suit in your parent's name, the insurance company's lawyer will contact your parents about their separate claims.
This is only a small portion of the issues which your parents need to discuss with a lawyer. When they go to discuss their case with their lawyer, they should take a copy of their homeowner's insurance policy (at the time of the loss) and all documents from the insurance claim process.
Your parents may have a claim for punitive damages. That will depend upon the facts developed in discovery.
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