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Who's at fault?

Discussion in 'Commercial Snow Removal' started by LHK2, Feb 19, 2007.

  1. LHK2

    LHK2 Senior Member
    Messages: 205

    Here's a question. One of my guys was moving snow with our skid the other day at one of our condos we plow for. We put out cones because we now everybody is in a hurry at this place. He was moving snow at a corner exit, was backing up, and an old lady tried to go around him. He crunch the front fender. The lady states she didn't see any cones and blew her horn. She gives him her number for me to call and takes off. I say it's her fault for trying to go around. She wants me to pay for it. We have insurance, but I don't think it was our fault. What do you guys think?
  2. fatboy

    fatboy Senior Member
    Messages: 222

    She left ? no police report ? privite property? less then $1000 damage?
    take pictures of the working area with cones and the skid and I say shes on here own
    whey should you pay for her impatiance. just my .02 cents.
  3. BPK63

    BPK63 Senior Member
    from CT
    Messages: 244

    I think your guy should have stayed and called the cops. She's the one that left the scene. It sounds like she was stopped and he backed into her but she could have run into him. Now it's anybody's guess as to what may happen.
  4. Pennings Garden

    Pennings Garden Senior Member
    from VA
    Messages: 242

    If you would have called the police to get a report, I'm pretty sure it would have been you fault because your guy was driving a low visibility vehicle (one that probably does not have plates to be allowed on a public road, the semi commercial plates I mean) in a public area. Did it have a flashing light on top?

    But since she left in a hurry, there is no way of proofing what happened so I think you are in the clear...
  5. DodgeRam1985

    DodgeRam1985 Member
    from Ohio
    Messages: 82

    Definitly should have called the cops. Even if you were found at fault, she fled the scene, and you could have sued her for the inconvienence it caused you (basically you could have sued for the amount that it was going ot cost to fix her car).
  6. bltp203

    bltp203 Senior Member
    Messages: 484

    In general, the person backing up has the higher burden....In Michigan, if both vehicles are moving on private property, then "no fault" applies and each person takes care of their own vehicle. If she truly "ran" you would have never heard from her again, she did leave her number, so you don't have anything there.

    REAPER 2000 Club Member
    from 60050
    Messages: 2,228

    Take the guy that was plowing down to the station with you and make a report NOW!

    Then call your agent and tell him the details and let them take care of it.

    By being the 1st to make the report it looks better for you and in my opinion more professional as well.

    Even if the police were called they did not witness what happened and it still becomes a civil matter.

    Let the insurance companies take care of it that is what you pay the premium for.
  8. LHK2

    LHK2 Senior Member
    Messages: 205

    We talked to the management company for the association, discussed what happened and found out that there was 800 dollars damage to the lady's car. We are putting a extra charge of 800 dollars for traffic control on the bill. We did have someone out there doing traffic control after the accident at $50 hr , so this way it's a wash and the association ends up paying.
  9. carl b

    carl b PlowSite.com Addict
    from Ohio
    Messages: 1,330

    that still sucks.. now you admit fault...can she sue you for whip cash oops i mean lash