Automotive

Who is responsible? For damage to car

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  • Apr 28th, 2018 9:40 am
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[OP]
Newbie
Feb 12, 2018
3 posts

Who is responsible? For damage to car

Just looking to here what rfd community thinks. I was helping a contractor with the removal and disposal of some reno stuff from a job they were doing downtown Toronto. When I got to the job they asked me to pull my truck up against the garage door, under the third floor window. Once inside they showed me the debris on the third floor and told me we were going to drop everything out the window in to my truck. There was three people including myself throwing stuff out the window. Near the end of the job I went down stairs to pickup a few things that were around the truck and noticed a dent in the neighbors car. When I went back upstairs I told the contractor about it, he came down and had a look, but we weren't sure if it was like that before. A couple days later I get a call saying the neighbor said we did damage his car. He got a estimates $1200 $1300 and $1850. The contractor wants me to pay for this. Do you think I'm responsible? I would think the contractor need insurance. I asked him about that but he doesn't want to go through insurance he said. I told him I don't think I'm 100% responsible. What do you think?
23 replies
Deal Addict
User avatar
Nov 9, 2003
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If its how you describe it, sounds like it’s the contractors responsibility, unless it was your idea to throw it out the window
[OP]
Newbie
Feb 12, 2018
3 posts
Yes 100% there call to toss the stuff out the window. The first 2 floors had already been refinished and they figured it would be easier to drop it out the window. I told them right away it wasn't a good idea.
Member
Aug 9, 2015
477 posts
310 upvotes
Calgary
mpt wrote: If its how you describe it, sounds like it’s the contractors responsibility, unless it was your idea to throw it out the window
This. If it went down like you said the contractor's insurance should handle it. Were you paid for the work? Have the owner of the car filed a police report to bring forward a claim?
But at what cost
[OP]
Newbie
Feb 12, 2018
3 posts
Yes I was paid. Turns out the neighbor's car that was damaged is a police officer. He said he just wants it fixed.
Deal Addict
Dec 20, 2015
3939 posts
2164 upvotes
Toronto, ON
6479617202 wrote: Just looking to here what rfd community thinks. I was helping a contractor with the removal and disposal of some reno stuff from a job they were doing downtown Toronto. When I got to the job they asked me to pull my truck up against the garage door, under the third floor window. Once inside they showed me the debris on the third floor and told me we were going to drop everything out the window in to my truck. There was three people including myself throwing stuff out the window. Near the end of the job I went down stairs to pickup a few things that were around the truck and noticed a dent in the neighbors car. When I went back upstairs I told the contractor about it, he came down and had a look, but we weren't sure if it was like that before. A couple days later I get a call saying the neighbor said we did damage his car. He got a estimates $1200 $1300 and $1850. The contractor wants me to pay for this. Do you think I'm responsible? I would think the contractor need insurance. I asked him about that but he doesn't want to go through insurance he said. I told him I don't think I'm 100% responsible. What do you think?
I would say the contractor is at fault for making the work like this. But what you should do in the future is, write an agreement with the contractors stating any thing like this happens again, you will not be held responsible.
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Deal Expert
Aug 22, 2011
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Center of Universe
The employer is reposnible, not the employee.
Deal Addict
Sep 29, 2008
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Toronto - Markham/Sc…
6479617202 wrote: Yes I was paid. Turns out the neighbor's car that was damaged is a police officer. He said he just wants it fixed.
This fact should not affect your decision. Who cares what the guys occupation is.

Don't get bullied by the contractor or the car owner just because of his occupation.

The contractor should pay, just tell them you aren't paying as you were subcontracted by the contractor for debris removal and it was their idea to toss stuff out of a 3rd story window.
Deal Fanatic
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Aug 11, 2008
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Ontario
the contractors insurance policy will pay
RIBO LICENCED INSURANCE BROKER, over 35 years experience
Deal Addict
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Apr 15, 2014
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Toronto, ON
Typical contractor always trying to get out of stuff....
Please respond
Deal Addict
Aug 20, 2007
1950 posts
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Kitchener
In this case, even if you went through your insurance, no coverage would exist since your car didn't cause the damage but rather something that was thrown and hit the others car. So in this case, either the contractor takes the blame or the neighbor has to find out what hit the vehicle and who threw it out to the window and then lay blame against the person, this has nothing to do with your trucks insurance.
Banned
Dec 25, 2017
686 posts
491 upvotes
Rockwood
Only came here to post that I agree with everyone, contractor just doesn't want to take the hit. With that said if you have a relationship you wish to maintain with the contractor might want to think about paying a portion, personally I wouldn't because you now see how he operates and places blame on others.
Deal Guru
Feb 9, 2006
12670 posts
7346 upvotes
Brampton
Am I the only one here thinking that a contractor who thinks tossing shit out a second floor window and then tries to blame someone else; may not be a real "contractor" who would have insurance.
Deal Fanatic
Oct 26, 2008
6639 posts
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BC
vkizzle wrote: The employer is reposnible, not the employee.
But OP is not an employee. He was (sub)contracted by the builder/contractor specifically to "remove and dispose" of renovation remnants.

An employee would not have been using his own truck as a sort of mobile dumpster.

In hindsight OP should have been more forceful regarding the plan to throw stuff from a 3rd. floor window into a pickup truck.

Still the builder/contractor's responsibility but the injured party might well see it as the responsibility of the registered owner of the truck.
If OP was working without liability insurance he should negotiate carefully with the builder/contractor to at least pay part of the deductible if he agrees to invoke his insurance.
Not an ideal situation, so no easy solution.
Deal Expert
Aug 22, 2011
37058 posts
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Center of Universe
macnut wrote: But OP is not an employee. He was (sub)contracted by the builder/contractor specifically to "remove and dispose" of renovation remnants.

An employee would not have been using his own truck as a sort of mobile dumpster.

In hindsight OP should have been more forceful regarding the plan to throw stuff from a 3rd. floor window into a pickup truck.

Still the builder/contractor's responsibility but the injured party might well see it as the responsibility of the registered owner of the truck.
If OP was working without liability insurance he should negotiate carefully with the builder/contractor to at least pay part of the deductible if he agrees to invoke his insurance.
Not an ideal situation, so no easy solution.
The liability is still on the contractor, as they are the responsible party at the work site.
Deal Guru
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Mar 9, 2007
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Think of the Childre…
6479617202 this really your # OP?

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Fanatic
Jul 26, 2007
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Nice Snoopy, you just changed the topic to callme4datehotline
Deal Guru
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peteryorkuca wrote: Nice Snoopy, you just changed the topic to callme4datehotline

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Expert
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Sep 21, 2010
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Stereotypical contractor scum, trying to get out of something. I don't see how contractor is NOT responsible in any scenario, unless OP was using the cop's car as target practice. Btw, why is the contractor so sure OP did the actual damage?
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Deal Addict
Dec 27, 2007
4154 posts
1498 upvotes
Edmonton
Why doesn't the Garbage removal company decide how to take the trash out, when it's safe etc etc. The Garbage removal company (OP) should also have insurance. What's to say the agreement was OP take out the Garbage and haul it away, and so instead throw out the window instead of walking down the stairs. Would save the OP alot of money as time = money.

I don't know how it's over there but here, contractor calls company to throw away, company does all the throwing away and hauling away, the contractor workers don't throw away garbage, just bag it up
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