Who pays the deductible - debris fell on my car

by kasavich » Sat Jan 16, 2010 11:11 pm

While on vacation my landlord got concerned about freezing pipes and sent over an employee (my landlord is a VP at a plumbing company) of his to wrap pipes in the attic. While making the repairs the landlord's employee fell through the attic ceiling, causing sheetrock to fall onto my car.

The dents and scratches add up to about $540 in damage per the estimates. Originally my landlord said he would pay out of pocket, but a few days ago he informed me he was sending the photos of the car to a "guy who can repair without body work for cheap."

I'd rather not have the car repaired cheaply, but my car insurance deductible is $500. What's the best way for me to move forward?

Total Comments: 2

Posted: Sat Jan 16, 2010 11:28 pm Post Subject:

Two choices... obtain an estimate and submit it to your landlord for payment. He cannot dictate where you need to have it repaired. You may want to obtain 2 estimates and submit them but it's not required. If he won't pay, you can file suit against him.

Other option is to file the claim under your own policy and have them pay $40. They will then pursue recovery from your landlord. There is no guarantee that your carrier will recover but the should press the issue pretty far. If/When they recover, they will refund your deductible. It could take months an months.

Posted: Mon Jan 25, 2010 05:38 am Post Subject: Deductibles

There are two options open for you... you can hand over the estimate to your landlord and ask him to pay accordingly..... or you can approach your company for the claim. If they are able to recover the amount from your landlord, they would refund your deductible.

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