West Springfield, MA asked in Uncategorized for Massachusetts

Q: Two different company drivers smashed into my fence, but only one is willing to provide restitution. What should I do?

About 6 months ago, a truck driver (Company A) clipped our fence while making a delivery to us. Months later, another truck driver (Company B) hit our fence as they attempted to deliver fuel to our home. When I made contact with Company A they shared that they would pay for the damages caused by their driver – only if the estimate was from a licensed contractor. Company B however, continues to refuse paying for the damages caused by their driver under the notion that my wife had told the driver that someone hit the fence before him, as well as not worry about it. In response to that statement my wife shared that she never intended to make it a free pass for him (although she was appreciative that he came forward about it). She simply wanted him to understand that although the fence was crushed, something could be done about it. She also mentioned that because he was an older person, she didn't want to make big fuzz about it.

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1 Lawyer Answer
Richard Gaudet
Richard Gaudet
  • Lawrence, MA
  • Licensed in Massachusetts

A: There are many questions that need to be answered before providing a complete answer to your question. Are these truck drivers owner-operators (do they own their own vehicles and companies)? If so, it is possible to pursue these companies for the damages done to your fence. If not, and they are employees of other companies, it is possible to pursue both the driver(s) and their companies individually.

Sometimes a well-crafted attorney's letter indicating that you are represented by an attorney and seeking recompense for damages may be enough to stimulate a rapid settlement. It is also possible that, depending upon the amount of damages you might have a case in small claims court (if under $7,000). If the amount is larger than $7,000, which is unlikely based on a fence, then a civil suit would be more appropriate if it went that far.

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