Please help with accidental property damage incident?

Question

I am a landscaper and i recently backed my dump truck into the back left corner of a clients basketball hoop backboard, bending two braces that support the backboard and hoop. It is not totally damaged but definitely needs to be fixed or replaced to be used again.

my question is does anyone know the law for property damage while at work or for a situation like this? am i liable? might it be covered under their homeowners insurance or my car insurance? ive never had to deal with a situation like this so if someone who has knows any answers, i would really appreciate some help. thank you

the clients are good customers and friends and i want to help but it was an honest accident. I saw the in ground pole and stayed a good distance from it but the rim was lowered to about 8 feet and i just barely hit the bottom corner but it was enough to do substantial damage. not blaming anyone but myself but had the rim been at the proper 10' setting, i wouldnt have this problem

Answer 1

Where is your liability insurance? If you are doing landscape work - or any work on someone else's property - without liability insurance, you are just asking for a whole lotta heartache.  This time it was a basketball hoop, but what if it had been a child?  Without insurance you could have been sued for everything you own and medical bills for decades to come.

In this case it's possible your car insurance will cover it, but does your car insurance company know you are using the car for business purposes?  Because if you aren't paying extra for that kind of use they won't cover any damage to your vehicle while you're working.  

You could just offer to pay out of pocket for the damage, but you really need to look into liability insurance.

Answer 2

Who owns the dump truck?  Both the driver and the owner can be held liable.  

If they try to put the claim in under their homeowners, the homeowners will then go after the owner of the dump truck.  

I HOPE you weren't doing this while the lift was operating - because THEN it could possibly be general liability, and not auto, depending on how your commercial auto policy is written.

Answer 3

You are liable for the damages.  There is no law covering mandated height for a basketball hoop.  They can be placed at any height desired by the owner.  Your truck caused the damage, and your truck insurer should be contacted to handle the issue.

Answer 4

You are liable, and since you should be insured as a landscaper, that insurance should cover it. People put their basketball hoops lower so children can use them, it's perfectly acceptable.