What is my recourse if my rental vehicle was damaged while I was driving over a bridge from construction that was being done at the time?

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What is my recourse if my rental vehicle was damaged while I was driving over a bridge from construction that was being done at the time?

Wood pilings were being removed. A piece of metal hit the roof and shattered the windshield. I stopped because the car was not drivable, stopped worker and told him what had happened, he phone his office and a few minutes later a rep from the company that was doing the construction arrived. He asked me some questions took pics. and told me his company was good about these things and said they would take care of it. My insurance company is involved and they were told it be taken care of. Well the company does not want pay because it said it was a subcontractor doing the removal-subcontractor wont pay also.

Asked on March 11, 2015 under Accident Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your recourse is to sue the subcontractor for having negligently (carelessly) caused damage to your car; you should also sue the contractor as well, since depending on their role, supervision, involvement, etc., they may be liable as well (let them prove or show that they are not; you don't have to simply take their word for it). However, you may have to pay for the damage yourself, under the terms of your rental contract (unless you had insurance which will cover it), then seek reimbursement.


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