LinRTX Posted December 3, 2015 Share Posted December 3, 2015 (edited) The house next door is struck by lightning. It causes the well to stop working so a well company is called. The ground is soggy so the well company wants to access the well using your driveway. The neighbor's adult son asks for permission to use your driveway and you give it (wanting to be a good neighbor). During the repair, the well truck cracks your driveway. Who is responsible for the repair? The well company The neighbor's insurance The neighbor's son (since he is the one who asked)? You (or your insurance)? I would make a poll, but don't know how. Thanks Linda Edited December 3, 2015 by Linda in TX Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted December 3, 2015 Share Posted December 3, 2015 Call your insurance and ask them. My gut reaction is the well company. 3 Quote Link to comment Share on other sites More sharing options...
mathmarm Posted December 3, 2015 Share Posted December 3, 2015 The house next door is struck by lightning. It causes the well to stop working so a well company is called. The ground is soggy so the well company wants to access the well using your driveway. The man's adult son asks for permission to use your driveway and you give it (wanting to be a good neighbor). During the repair, the well truck cracks your driveway. Who is responsible for the repair? :huh: I'm confused. What man? :confused1: ? Quote Link to comment Share on other sites More sharing options...
Annie G Posted December 3, 2015 Share Posted December 3, 2015 If we need a dumpster when we do construction the trash company records us giving permission to come up our driveway - they mention that the truck is heavy and they aren't responsible if the driveway is damaged. I don't know if it would hold up in court, but that's what they do. My awful next door neighbor needed some concrete work done and he had the truck come up the neighbor's driveway on the other side to keep from having to worry about our driveway cracking under the weight. ( We share a driveway with awful neighbor) His reasoning was the the other side is a multiple unit rental and it's 'no big deal' if their driveway is cracked. Anyway...my point is that in our town, if you agree to let someone come up your driveway, you're taking the risk. I hope that's not the case for you because you were just trying to be nice! Quote Link to comment Share on other sites More sharing options...
JFSinIL Posted December 3, 2015 Share Posted December 3, 2015 call your insurance. They will know. Quote Link to comment Share on other sites More sharing options...
abba12 Posted December 3, 2015 Share Posted December 3, 2015 I'd say well company, but your insurance is probably the best person to ask. Quote Link to comment Share on other sites More sharing options...
LinRTX Posted December 3, 2015 Author Share Posted December 3, 2015 The man in the original post was the neighbor. Fixed in original to avoid any confusion. Sorry. Quote Link to comment Share on other sites More sharing options...
mamiof5 Posted December 3, 2015 Share Posted December 3, 2015 I was going to say the company? That would make sense to me. But so much stuff is not the way I'd think it'd be...so yeah, unfortunately you might have to check with your insurance company :( Quote Link to comment Share on other sites More sharing options...
Annie G Posted December 3, 2015 Share Posted December 3, 2015 I guess I'm having a tough time blaming the company unless they did something wrong, like perhaps driving at the very edge of the driveway. If I had a business that used a large truck, and cracking the driveway meant I had to fix it, I'd never use a driveway. Concrete work is expensive. I wonder if the recent rain caused the ground under the OP's driveway to be squishy and that's what caused it to crack. I'm assuming a lot of rain, but I guess lighting doesn't necessarily mean a lot of rain. OP, I hope your insurance...or someone....pays for the repair. We just got a quote to replace the concrete where we park our cars- not the driveway, just our parking area. $12,000. Quote Link to comment Share on other sites More sharing options...
skimomma Posted December 3, 2015 Share Posted December 3, 2015 We had property damage from a tree trimming company that we hired. The damage was from their trucks (ripped up yard and they hit our house with a truck), not falling tree parts. Part of the damage occurred because a truck was stuck in our yard. They asked dh to help them push it out. Dh was significantly hurt during the process. Their insurance paid for both the property damage and the injury (medical bills, lost work, etc....). I don't think we even contacted our home owner's insurance as it was just assumed the insured company was responsible. This is why contractors are insured and bonded. Quote Link to comment Share on other sites More sharing options...
bettyandbob Posted December 3, 2015 Share Posted December 3, 2015 I think the company had a duty to inform the OP about the weight of the truck and potential damage that could be caused. There be state laws on duty to inform where you live. Or there may be case law. Again I think your insurance is the place to start. Quote Link to comment Share on other sites More sharing options...
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