Am I entitled to compensation?

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Am I entitled to compensation?

My car was damaged when construction scaffolding fell on it, dumping a load of
bricks on my windshield. The car was unable to be driven. The construction
company is claiming that it is the fault of the scaffolding company. It seems as
though the scaffolding company is unwilling to accept responsibility. It took a
full week before I was told, verbally, that the construction company and
scaffolding company are going to share the cost to repair the damage done to my
car. In the meantime, I’ve lost two days of work and haven’t had a vehicle since
the incident took place. This happened on December 3rd.

Asked on December 12, 2018 under Accident Law, New York

Answers:

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

Answered 2 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable construction company / scaffolding company would have exercised under the same or similar circumstances to prevent foreseeable harm). 
Your damages (monetary compensation you are seeking) would be the property damage (cost of repairs to your car) and wage loss.
If the case is settled with the insurance carriers for the construction company and scaffolding company, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the insurance carriers, reject them and file a lawsuit for negligence against the construction and scaffolding companies. If the case settled with one, but not both parties, only name the party with whom the case has not settled as a defendant. Both parties are liable for the entire amount of your damages.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.


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