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Old 07-15-2015, 01:58 PM   #1
White Out 403
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Default Parking lot liability question

Scenario:

Your workplace excavates and then fills and paves the parking lot.

You park there again like normal and a sink hole forms and wrecks your car.

Who pays for it? The waiver for the lot says you park at your own risk but isnt there basic liability issues that cant even be waived?
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Old 07-15-2015, 02:04 PM   #2
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Was the damage to the car caused by some one being negligent somehow?
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Old 07-15-2015, 02:11 PM   #3
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Quote:
Originally Posted by Slava View Post
Was the damage to the car caused by some one being negligent somehow?
The paving not being done correctly I guess, or the back fill causing the sinkhole seems negligent to me
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Old 07-15-2015, 02:21 PM   #4
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No insurance??? Should be a comprehensive claim I would think so wouldn't be chargeable and then let the insurance company go after the excavator.???
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Old 07-15-2015, 02:26 PM   #5
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Doesn't sound like an act of god to me, so property insurance company covers and then that insurance company tries to recoup costs from contractors insurance co?
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Old 07-15-2015, 02:44 PM   #6
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How long ago was the excavation and backfill?
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Old 07-15-2015, 03:23 PM   #7
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Days
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Old 07-15-2015, 04:40 PM   #8
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How deep did they dig to re-pave? How far did the car sink?
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Old 07-15-2015, 04:43 PM   #9
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Was it paved before or after all the rain?

I'd assume that your insurance pays you (provided you have more coverage than just PLPD) and then goes after the contractor. I'd bet that compaction went to #### after the rain and some previously existing soft spots got exacerbated.
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Old 07-15-2015, 08:21 PM   #10
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Yep. File a claim with your insurance and let them subrogate (if they so choose) against the third party. Subrogation, in a case like this, doesn't usually end up working out though because negligence can be hard to prove.
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Old 07-15-2015, 10:16 PM   #11
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Occupier's liability act?
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