Damage caused from loader hitting cab

I have both but I was told that comprehensive claims are from "acts of God" and not incompetent machinery operators.

 

Have you actually spoken or initially briefed your insurance company about this incident?

"Acts of God"...plead the case that God created the incompetent operator.

 

Turn it in on your insurance and be done with it. Also, don't wait too much longer. Any business that chooses to be that difficult for their mistake is likely going to be a problem to collect on even if you win your case.

 

I asked the person who wrote the estimate what this would fall under and assume she would be accurate in her answer that it would be collision. I have not contacted my insurance company, I don't feel I need to if I am going to small claims.

 

I have a $500 deductible, I'd still be responsible for that, correct?

 

Yes up front, but you should be reimbursed after your insurance collects from the business.

 

I do this (load people with material) for a living. Family business, done it since I was 13, 30 now. I always stay off the cab. Have some people bitch about spilling a shovel full on the ground. I calmly explain to them, “ma’am/sir, you’re truck is $40k, that shovel worth that spilt out is $4. You don’t want me putting that $4 of material on the roof of your $40k truck do you?” They see the light then.

 

I think you granting him permission to load your truck may point to some responsibility on your part.
Sure it was an accident, but like you said , they had a sign, and you had a choice.
Hope it works out for you ,keep us posted.

 

OP if it were me I'd at least reach out to my insurance company for an initial consultation. While the provided food for thought can certainly help, I would not be determining my next courses of action on this based on what an auto body shop estimator or people on a message board say.

 

That's a good point. The business might have a sign that said not responsible for damage caused. Could be a minor issue in small claims. However, the insurance company might have a different opinion.

 

I thought the same thing as well on the sign, but as @MGMDesertTaco alluded to the insurance company might see it or argue it differently. It's at least worth a shot IMO.

 

Yea, I don’t know how this will go. Good luck to the OP .

 

I agree, a place of business has to have some responsibility to the public.

 

Reminds me of the you damage it you buy it signs I used to see!

 

If all i need is a sign, I'll put on in my truck that I'm not responsible if I am involved in an accident!

 

As a small claims case, this probably would not go well for the plaintiff.

Remember, small claims win doesn't get you money, it gets you a judgement. If they are Aholes at this stage, your chances of collecting even if you win are probably going to be low.

 

Or , maybe the businesses insurance company instructed them to put up the sign to relieve liability.

 

Hard not to admire and gotta love a hard-working truck in a pic like that, with the multiple battle-scars and yet still doing trusted duty
carrying the tools and a new tire. If only it could talk and tell us the stories.

 

Just submitted a claim to my insurance and it definitely is through collision.

 

It would tell me to get a real truck for work and enjoy the taco as a shitbox/toy. It got its wish, hence the battle scars haha