Q: Is the delivery company responsible for damage to my driveway?
We had a delivery driver pull into our driveway during light snowfall to deliver our weekly food kit, at which time he damaged our pave stone driveway. My husband contacted the company within the hour to complain and they informed him that they contract out their shipments and we would have to work it out with the shipping company. My husband contacted the shipment company and sent them before and after pictures, along with a video of the damage occurring, receipt of the completion of driveway (showing it to be 6 months old), and an estimate valuing damage between $1200-&1500. Three weeks later the company emailed us basically stating that the evidence doesn’t conclude that their driver damaged the driveway, but they would be willing to give us $500 in leu of submitting to their insurance company where the claim would most likely be denied. This feels very wrong to us, but should we cut our losses and take what little they’re offering for the repair, or let them submit the claim?
A:
If the company damaged your property through the negligence of it's driver and you can prove it then you have a strong case and can compel the company to pay. However, it seems that your damages are $1,500 or less as such it is not likely cost effective to retain an attorney help and it is not likely cost effective for the company when sued to obtain and attorney to defend it. As such, you may gain the leverage you need by filing suit in Small Claims Court.
Good Luck!
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