Legal Question in Civil Litigation in Indiana

I am tring to find an example for Indiana case law to read up on and not sure where to look or if you could answer my question. My spouse was driving to work and our neighbor had his driveway seald coated and the person that perform the work left two plastic 5 gal. pales setting at the end of the driveway with some sort of string going between them. The home owner hired a local guy that was not insured and has no way of being contacted the number that they have provided is not a working number. One of the pales rolled into the street and my spouse hit it with the car causing about $1,500 in damages. The home owner said that we would have to place it over to his insurance as the guy he hired has no insurance. The insurance denied the claim and said that the home owner was not responsible and that we would have to go after the person he hired. I told them that we did not hired the person that did not have insurance it was your insured home owner that did that and why should we have to track down someone that he hired, our complaint is against the home owner and the home owner can then go after the person he hired. They just keep insiting that the homeowner is not liable. I asked them ig the homeowner had a horse and the horse got loose and was in the street causing an accdient would the homeowner be liable he said yes, I said then this is the same principle. They of coaurse dissagree.

I can place this over to our insurace but it's a $500 deductable and can cause my insurance to go up. So I thought about filing suit in small claims. Do you thing that I stand a chance chance of proving this case? Also should the suit just list the homeowner or both the homeowner and the insurance comp? Name Robert 812-252-9494

Thank you,l

1 Answer from Attorneys

Related Questions & Answers

More General Civil Litigation questions and answers in Indiana

Looking for something else?