What to do if the township’s trash service truck hit my deck in the back but said that they care not liable for any damage?

UPDATED: Feb 4, 2015

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What to do if the township’s trash service truck hit my deck in the back but said that they care not liable for any damage?

We had the police make a report. The township says that I must go through my insurance. Is this true or do I need to begin a lawsuit?

Asked on February 4, 2015 under Insurance Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, if you have the relevant insurance, you should definitely contact them: if you fail to provide timely notice of an accident, then if you later need the insurance, you may find that you are in breach of your policy obligations (most policies require notice of potential claims) and unable to collect. Also, if you have applicable insurance, that the easiest way to be paid--and coverage/compensation *is* what you've been paying your premiums for.


That said, if the municipality's truck was at-fault in damaing your deck, the municipality may well be liable, and you should be able to sue them. It's still the best idea to first see what your insurance covers, then sue the municipality only if 1) you're not covered or 2) for any amounts not paid by your insurer, like a deductible.

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