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Insurance liability question

Posted on 5/30/24 at 9:26 am
Posted by 1897
Member since Apr 2018
852 posts
Posted on 5/30/24 at 9:26 am
My cousin owns a roofing company with several employees with company trucks. A couple of days ago one of his employees was in a rural area near their Warehouse and thought he forgot a tool that he needed for the job he was going to, so he backed into someone's driveway and got out to look for it in the back of the truck. The homeowner had coincidentally just gotten into his vehicle at the exact time the employee parked in his driveway. The driveway was a long gravel one that turned and parked on the side of the house. Homeowner backs up and turns up into his driveway not seeing the truck and ran into the back of it. Is the homeowner at fault because he was in motion, or is the employee at fault because he was parked in the homeowners driveway from a liability standpoint?
Posted by Brummy
Central, LA
Member since Oct 2009
4611 posts
Posted on 5/30/24 at 10:51 am to
Not an attorney, but I wouldn't think the roofing truck would be liable in that situation unless (maybe) he was sitting there in the dark with no lights on. The homeowner has to operate the vehicle safely and watch where they're going. They can't just smash into someone else's stationary vehicle and not be held responsible just because they don't have explicit permission to be there.
Posted by L5ut1g3r
Member since Mar 2019
942 posts
Posted on 5/30/24 at 12:45 pm to
100% the homeowner is at fault. Irrelevant where parked or who’s driveway, the homeowner caused the accident.
Posted by meansonny
ATL
Member since Sep 2012
26005 posts
Posted on 5/30/24 at 2:01 pm to
The homeowner is stuck on this one.

Either their reply is that they didn't see the truck... which is your entire job while driving (seeing things so you don't hit them).

Or the homeowner saw the truck and hit it anyway (which is intentional).

I can't think of any reasoning why the homeowner wouldn't be responsible.
Posted by Tiger Prawn
Member since Dec 2016
24025 posts
Posted on 5/30/24 at 10:14 pm to
Regardless of it being a company vehicle and all, the homeowner ran into a stationary object. The driver in motion is at fault. Your cousin should be filing a claim against the homeowner’s auto insurance (but probably shouldn’t expect a 5 star review from the roofing job anymore )
Posted by nola tiger lsu
Member since Nov 2007
6279 posts
Posted on 6/4/24 at 9:51 pm to
quote:

roofing company


At fault, for many things beyond just this.
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