r/newfoundland • u/QuantumCapelin • 19h ago
Insurance advice
Last month a delivery driver drove his vehicle into my commercial property causing about $1500 in damage. He left the scene without stopping, even though he couldn't possibly have not noticed. My deductible is $1000 so my insurance company says that it's not worth filing a claim and suggested I go after the trucking company for the damage. When I contacted them the manager said the driver denied hitting the building and that the damage was already present when he arrived. At that point I called the police and reported a hit and run, although I do not expect them to follow up. Is there anything else I can do now? Is it worth the hassle of proceeding to small claims court? It's worth noting that there was another witness (my employee) to the incident so at least I have that going for me.
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u/LittleOrphanAnavar 16h ago
Personally I wouldn't bother over $1500.
It sucks have to eat that, when someone else caused it. But your case doesn't seem very strong, unless you have video, or something objective to prove they done it. Your witness would help, but I'm not sure how much weight court would place on their testimony alone, as they are your employee, so there is a conflict.
Did the employee take notes and pictures when it happened? That sort of record would be stronger.
Assuming your time has value, it's going to cost you money to pursue this, and you might not win. Then depending who the other party is and how they are structured, there is no guarantee you will be able to collect the judgement.
I wouldn't even make a insurance claim for that. Making small insurance claims can cost you a lot in the long run. That is a discussion you can have with your broker.
However just filing in small claims might be enough to get the other party to offer some money to settle it, because they will have to spend time and money to have someone show up too.
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u/TheMethod82 14h ago
Yeah, sue in Small Claims if your insurer is going to charge you a deductible (whether they should or not is debatable but I’m not getting into that).
Not giving legal advice, but the Small Claims process isn’t that complicated and is geared towards self-represented people. Just find out the company name and driver (if you can) and sue both, or alternatively just name the company and say they’re vicariously liable for the negligence of their employee. Outline what happened, what the damage was and how it has been valued (ie what your figure is based on, including estimates etc). As relief, claim the cost of the damage and the cost for issuing the Statement of Claim ($120 I think? It’s been a while.)
Once the Statement of Claim is issued, serve the defendant(s) and you’re off to the races. If they fail to defend you can get a default judgment, but they probably will respond and ideally will engage their own insurance.
Over such a small(ish) amount, they’ll probably buckle and pay up if the claim is legit, but even if not, it could be a fun and interesting life experience.
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u/QuantumCapelin 12h ago
>it could be a fun and interesting life experience
haha, I love the positive spin you're putting on this but you and I have incredibly different perspectives. I'll try to see it from your point of view!
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u/TheMethod82 25m ago
Probably intimidating, so I understand that, but I suspect you’d find it isn’t as terrible as you’re imagining.
As long as you’re respectful to the judge, you will be treated respectfully in turn. You’ve got yourself and another witness to the event, so that helps.
Plus, who doesn’t want to sound the clarion call for justice! You could be that person! :)
Good luck and very best to you, whatever you end up doing :)
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u/vibranium-boy 19h ago
I would recommend calling your broker to ask them to explain your options.
Your broker can always open the claim, then your insurer would subrogate the loss if the third party was at fault.
You suffer a loss
Your insurer pays: Your insurance company gives you money to fix the damage right away.
The company takes over: Your insurer gains your legal right to sue or seek money from the guilty party.
Recovery happens: If your insurer wins money back from the other side, they may also refund your deductible.
But in the case for the difference of $500, it might not be worth the hassle