Legal Question in Insurance Law in Maryland
enough support to show negligence?
I rented a moving truck and was helping a friend move out of his apartment. I pulled up the in front of the building and the top of the moving truck struck and damaged part of an awning that was hanging down. A witness must have reported me to security who then took down my name, address, and license number. The apartment complex called me later that week and wanted my insurance information. I wouldn't give it to them because i felt that i was not at fault. There was nowhere else I could park the truck to load furniture without blocking any occupied parking spaces so it seemed like a logical place. Also, there was no sign letting me know of the height limit. When I asked them why there was no clearance sign they said that they were private property and didn't need to put one up. i talked to them some more and found out that someone else had done the same thing, drive a truck into the same awning, about a year earlier. Having this knowledge, it seems to me that not putting a clearance sign up is negligence on their part since it had happened before. If they try to sue me for the money to fix the awning, do I have a good argument or should I just also pay them? Also, they got hold of the insurance company who refused to pay.
2 Answers from Attorneys
Re: enough support to show negligence?
Based upon the facts which you've outlined, I would surmise that the apartment complex would have provable case of negligence against you, if the matter were to end up in civil court.
Re: enough support to show negligence?
Insurance coverage may be available depending on the policy that the loss is being claimed under. Under your factual scenerio the apartment complex has a good chance of sustaining a judgment. There may be other options. Speak to an attorney.
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