Have you ever wondered what would happen in the event of damage to your vehicle from a snow plow truck? If you’ve suffered such damage, know you have the right to sue the snow plow truck driver that hit your vehicle.
Here’s what you need to know about snow removal truck accidents.
How to Sue a Snow Plow Truck Driver For Damaging Your Vehicle?
You have just noticed that your asphalt is damaged, that your car is scratched, or that a low wall has collapsed following the passage of a snowplow.
Determining who is responsible for the damage can be confusing when snow removal from your property is carried out by a private snow remover (and not a city vehicle). Should you claim your insurance or the snow plow truck driver?
If you have signed a snow removal contract, it probably contains a disclaimer or exclusion of liability clause. Such a clause exempts the company from damage that could be caused by one of its vehicle drivers during snow removal from your driveway. This is a common contractual clause.
What Does the Law Say About Filing a Lawsuit Against a Snow Plow Truck Driver For Damaging Your Vehicle?
The law is clear: a merchant cannot limit or exclude their liability, even if you have signed a contract with them specifying this. If your snow removal contract contains such a clause, we advise you to consult a truck accident lawyer to verify its validity and applicability.
If your vehicle is dented and the snow plow driver is responsible, you can turn to them for compensation. Its insurance could cover damage to your vehicle or property. And if they refuse, it might be appropriate to turn to the courts to assert your right.
Procedure for Reporting Damage
As soon as you notice damage to your vehicle caused by a snow plow driver, you must initiate proceedings to obtain compensation. The sooner you act, the sooner the situation will likely be resolved amicably!
- Inform the snow removal company of the damage observed. If possible, send photos of the damage to show that the snowplow caused them. Remember that you win by staying calm.
If you do not have enough evidence to prove that the damage is indeed the result of the snow plow truck, the latter may refuse to compensate you.
- File a claim with your auto insurance. Your insurance representative may refer you to legal assistance if it is part of your coverage.
- If the snow remover refuses, you can send them a formal notice by registered mail requiring a signature.
- If your negotiations are unsuccessful, and the deadline indicated in your formal notice has expired, you can then turn to courts, filing a lawsuit against the at-fault party. The best is to accompany yourself with a car accident attorney as your case representative from the start.
When the Damage Caused By a City Snow Plow Vehicle
Under the law, you can file a compensation claim if a city snow removal vehicle has damaged your car. For this, you must provide enough evidence to prove that the snow plow truck is at fault and file a claim constituting a civil liability recourse. In such a case, the city is liable for the damage since the city worker’s negligence or recklessness caused it. It is also important to demonstrate that the damage your vehicle suffered is directly caused by the city vehicle without any third party or your involvement.
Additionally, there are also exceptions for special cases. Therefore, it is best to talk to an attorney to ensure you’re on the right track. A personal injury attorney will fight for your right and ensure you get the fairest compensation for the value of the damage and the estimated cost to recover it.
Talk to a Car Accident Lawyer Near Your to File a Lawsuit Against a Snow Plow Truck Driver!
If a snow plow truck has damaged your vehicle and you need legal support to file a claim, contact The Bourassa Law Group. We have a team of expert personal injury attorneys experienced in dealing with all types of winter accident cases and fighting for their rights against private companies and the city.
Get in touch today for a FREE consultation.
1-800-870-8910