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If a company fence swings open and damages my vehicle, are they at fault? Are they liable for the damage?

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  • If a company fence swings open and damages my vehicle, are they at fault? Are they liable for the damage?


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Answer #1 | 29/12 2013 06:03
The restaurant is liable. They can either pay you out of pocket or use Their liability insurance to pay for repairs to your car. If the restaurant won't pay or refuses to co-operate, and you have collision coverage on your car, use your collision coverage. If you do, You pay your insurance your collision deductible, your company will then pay for repairs to your car and THEN, THEY (and their lawyers) will "go after" the restaurant for re-payment. If/when they get repaid, your collision deductible will be returned to you.
Answer #2 | 29/12 2013 12:59
If you can show that the fence door was not secure correctly or that they failed to maintain it or were otherwise negligent in some way then yes, they would be liable.

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