If my car was damaged whileI was working on school property, does the school’s insurer have to fix it?

My husband works construction and was working at a school. It was a remodel, so some of the school’s employees were on-sight working. One of the janitors was wheeling a big bin through the parking lot and lost control of it. It hit my husband’s car and busted up the front corner panel. My husband witnessed it all and got the insurance information. The insurance company wants a copy of our declarations page. Due to sovereign immunity, they are only responsible for what we have to pay out of pocket. We’re concerned that they won’t pay anything since we only carry liability on the car. Is this right?

Asked on September 7, 2011 under Insurance Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the school district has liability insurance, the accident caused by one of its employees should be covered by the school district's insurance policy or the school itself for the repair of the vehicle you have written about in full.

You will need to submit a claim to the shcool district under the tort claims act of the repair of the vehicle along with an estimate for the repair of the vehicle. I would provide the district's insurance carrier with your declaration's page for the car. From what you have written, the school district should be responsible for paying for the entire costs of repair for your vehicle.


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