Legal Question in Personal Injury in Maine
accident
My daughter was involved in a motor vehicle accident. She took a right out of our driveway and approximately 100ft down the dirt road, she ran into a trailer that is used for hauling paving equipment being used to hot top the driveway next door. There were no safety markers, cones or other equipment to let her see it. It was sitting just over a hill and the sun was shining in her eyes. The police have told me that the company who owns the trailer is at fault and they were cited at the time of the accident, but my insurance company is saying that it doesn't matter because my daughter hit the parked trailer. Our section of road is dirt with no shoulders and no where but the driving lane to park this trailer in. Incidentally, the police had asked this company to move the trailer and small dump truck from the area the night before. When I left for work at 6am they weren't parked there, but by the time my daughter left for school at 7:30am, they were back. What should I do?
2 Answers from Attorneys
Re: accident
Thank you for your inquiry. I understand that you have already received a response from another attorney, so I won't repeat what they advised. Hopefully, your daughter was not hurt in the collision...you did not mention it, so I assume that she is OK and that you are looking to have the paving company's insurer pay for your collision repair. You can get the insurance information from the paving company and send them a letter demanding payment (of a repair invoice), or you can have your own insurance pay for the damage (minus the deductible). Your company may then choose to pursue the other company (you won't be involved in that process), but if they ultimately conclude that it was your daughter's fault, it will affect her/your insurance premium rates. If they conclude in that process that it was the paving company's fault, you will be reimbursed your deductible. If your daughter was injured, please feel free to call me to discuss assisting you further.
Re: accident
It does matter that the company was cited for improperly leaving the equipment there. Although your daughter is held to a standard of care while driving and avoiding dangers in the road, if someone else illegally creates a hazard that could not have been avoided they are at fault. Provide the report to your insurer and insist they cover your personal property claim and tell them they can proceed on their own later if they wish against the paving company's insurance.
If your daughter suffered personal injury that would be the responsibility of the neighbor or paving company, so feel free to contact me directly on that issue.
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