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Funny Mishap...... whos liable???

Discussion in 'Commercial Snow Removal' started by blaryslawn, Feb 14, 2010.

  1. blaryslawn

    blaryslawn Member
    Messages: 70

    I talked to a friend of mine whos company was clearing entrance ramps for DOT up in the DC area. The snow was piled so high they had to use loaders to remove it from the ramp... there was no more room for snow to go. In the midst of working he hit something only to find out that there was a minivan under the snow. Apparently it broke down and they left it on the on ramp. only to get completely covered in snow... my question is, whos liable for the damages?
  2. PTSolutions

    PTSolutions PlowSite.com Addict
    Messages: 1,537

    there should be a law restricting the amount of time a vehicle is left stranded on a public roadway i believe. If so and it can be proven that its been there past the period, the liability might be waived.
  3. blaryslawn

    blaryslawn Member
    Messages: 70

    lol.. apparently long enough to get plowed in with 7 foot of snow..... but i guess they couldnt get it out even if they wanted to, if they could find it...
  4. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,594

    I would bet the city won't be liable. Hopefully the vans insurance will cover it. Question is, will they receive a ticket for leaving it on the ramp. I'm sure they were not supposed to be out and about in the storm in the first place!
  5. coldcoffee

    coldcoffee Senior Member
    Messages: 776

    I'd be interested to know the outcome. I wonder also, if the authorities were notified as to the vehicle being abandoned, if so then the operators should have at least been notified.
  6. buckwheat_la

    buckwheat_la 2000 Club Member
    Messages: 2,254

    Wow, i also am interested in how this plays out
  7. blaryslawn

    blaryslawn Member
    Messages: 70

    atleast he didnt pick it up and dump it over the jersey wall...lol
  8. hlntoiz

    hlntoiz Senior Member
    from NW, CT
    Messages: 588

    I know someone who did that here during the blizzard of 78' The car was left in the parking lot. Wasn't found till spring. And it was reported stolen at the time. :laughing:
  9. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Most of the time it's the owners responsibility because he "abandoned" it.
  10. Runner

    Runner Senior Member
    Messages: 957

    Imagine if that would have been one of the big snow blowers that they use for large snows like that. There is a video on youtube of a Suburban that got mangled by one of these.
  11. lude1990

    lude1990 Senior Member
    Messages: 134

    Back when we had the blizzard around christmas last year I heard that over in iowa on some country roads that someone left a caddy on a gravel road. A rotary snowblower was clearing it cause of the 10 - 12 foot drifts and he didnt know he hit it until he was up to the back window. Car had under 100 miles on it. LOL
  12. KJ Cramer

    KJ Cramer Senior Member
    Messages: 481

    Keep us posted, would like to know the outcome.
  13. Jello1

    Jello1 Senior Member
    Messages: 267

    I would hope the idiot car owner. I also wanna know the outcome. I think it was on aol's page today but there's a pic near Phily where someones car was buried by like a 6' snow berm in front of their house. But at least they spraypainted an outline of their car, and wrote "car" on each side with an arrow.
  14. clark lawn

    clark lawn PlowSite.com Addict
    from NE ohio
    Messages: 1,233

    i think the contractor will be covered under sovergien immunity. he is working under the direction of the municipality he did not do anything neglegent.
  15. mycirus

    mycirus Senior Member
    from Mass
    Messages: 589

    I would love to see some pics.
  16. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,246

    Two years ago when we had a blizzard a car got mangled that was barried under the snow. I have 5 apr complexes on this road that runs along the lake. Between the plow trucks stacking snow everwhere and the massive drifting about 100 cars were buried on the street. Alot of people dug out there cars, but a few didnt. Trucks came through to push back piles and crunch. Im sure the owner was liable because of the snow band that was in effect since you were not allowed to drive or park your vehicle on the street. Finally come out of hibernation to find your car totaled. Not a good day,
  17. blaryslawn

    blaryslawn Member
    Messages: 70

    yea... im trying to get some pics..... Is it correct that when a governor declares it a state of emergency, it relinquishes all liability of damages caused by say a plow truck or tractor.... like mailboxes, cars etc.... from the dot of course.... and I will keep yall posted as i hear it..
  18. Harleychvy

    Harleychvy Senior Member
    Messages: 149

    When i was in Maryland there was a DOT plow half buried on the side of 95. Must of broke and was just left. I wonder who is responsible if a vehicle going into the breakdown lane hits it.
  19. CMerLand

    CMerLand Senior Member
    Messages: 173

    Here in Jersey all government vehicles and those contracted by them fall under Title 59, which makes the state immune to any claims for damages no matter what caused it. Its up to your insurance to cover the damages and then you can try to sue for you deductible but good luck with that. Dont know if this applies nationally but im sure they all governments under the same category or theyd be sued to death every spring for every mailbox, damaged turf and rusty scratch in the world.
  20. Runner

    Runner Senior Member
    Messages: 957