Is a company liable if something falls off their truck and does damage to my car in Massachusetts?

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Is a company liable if something falls off their truck and does damage to my car in Massachusetts?

A dustpan fell off of the back of a TruGreen company truck and struck my car, causing damages. This happened on 11/9/17 at approximately 4pm. I was unable to see more than the truck, as he exited shortly after. The company has stopped responding to my emails. I sent them pictures and statements, several of them, and spoke to several people. It took a month before the correct person even reached out to me. They kept passing me around to different departments, and ‘losing’ my emails. Finally I spoke to someone in claims, then her supervisor. She has now stopped responding to my emails. What course of action can I take, and do they even have liability on this?

Asked on February 21, 2018 under Accident Law, Massachusetts

Answers:

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

Answered 3 years ago | Contributor

You have a property damage claim to be filed with the truck's insurance carrier.  Your property damage is the cost of repairs to your car.
If the case is settled with the truck's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the truck's insurance carrier, reject the settlement offers and file a lawsuit in small claims court for negligence.  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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