Who is responsible for damage to electric gate that closed on a truck and was damaged?
Free Insurance Quote Comparison
Secured with SHA-256 Encryption
UPDATED: Aug 4, 2011
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Insurance Question from Donalds, SC
Asked on 08/04/2011
Who is responsible for damage to electric gate that closed on a truck and was damaged? A business truck for our company was entering a facility that had an electronic gate. When our driver pulled up to the gate it was already open. He stopped and waited, the gate remained open so he proceeded to pull through. The gate started closing and hit the side of the truck. No damage to the truck, but damage to the gate. The facility says we were not suppose to pull through the gate until given a signal... and that we are responsible. Will it depend on postings they may have with rules for entry? I have not been by there yet to see for myself what may or may not be posted.
Answer given on August 05, 2011
Responsibility of an accident – truck vs gate – can be tricky to resolve. I suggest that you contact your insurance agent and ask them to report this incident to your insurance company. The company will investigate, by talking with your driver as well as contacting the company whose gate was damaged. If it determined that the accident was the fault of your driver, they will work out a settlement with that company.I don’t recommend that you try to resolve this on your own. You have purchased insurance for this reason. While you may be able to settle this, there is no guarantee the other company won’t come back and say there was additional damage and ask for more money. By letting your insurance company handle this, they can resolve the claim and make the settlement. It is possible the damages are low enough where your rates won’t be affected.
IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.