If I was driving by a construction site and wet cement fell on my car, is the construction company liable for this damage to my car?

I was driving by a construction site and wet cement fell on my car. The construction company is refusing to pay for the full cost of the repair. I did not call the police right away and was told it was too late to file one directly at the

station.

Asked on March 4, 2016 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It would be advisable to obtain the name, address, and telephone number of the construction company's insurance carrier and file your claim for property damage (cost of repairs) to your car directly with the insurance company.  The construction company is liable for the damage to your car.
If the case is settled with the insurance company, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the construction company.
Depending on the amount of damage to your car, you may be able to file your lawsuit in Small Claims Court.  Your damages (monetary compensation you are seeking in your lawsuit) should include the cost of repairs to your car and court costs which would include the court filing fee and process server fee.
 


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