Legal Question in Traffic Law in New Hampshire
Liability for Object Falling Off Truck
The drive shaft of a dump truck fell off in front of me on the highway. I was unable to avoid it, and as a result my car was totalled. I do not have rental coverage on my insurance policy, and am trying to recover this from the insurance co of the dump truck operator. They claim there was no negligence, that the drive shaft just fell off, and refuse to reimburse me for my rental fees. Is this correct or do I have any course of action?
TIA.
1 Answer from Attorneys
Re: Liability for Object Falling Off Truck
They are probably liable. Drive shafts usually do not fall off without some type of warning which they may have ignored.
Your problem may be the cost of a lawyer to pursue a property damage claim only which may eat up any monies to which you might be entitled.
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