Legal Question in Civil Litigation in New Jersey
Damage liability
A demolition contractor working on the property next door broke a hydraulic hose and sprayed hydraulic oil over the side of my house. This individual claimed he submitted a claim to his insurance company, but I have never been contacted. He is practically impossible to contact since he only has a cell phone and will not answer a call from my number. He will not give me the name of his agent or insurance company. Should I take the claim to the general contractor who hired him or must I continue to try a work with the subcontractor? I have obtained estimates of the required repairs, but I am getting tired of the constant smell of hydraulic oil around my front door. Bottomline, is the general who hired him responsible for his subcontractor?
1 Answer from Attorneys
Re: Damage liability
Both the general contractor and the subcontractor have responsibility as does your neighbor. For the moment, you don't have to deal with anyone's insurer except your own if you choose to make a claim. I would recommend trying to collect against the other parties before you pursue a claim with your insurer although your policy may have a notice requirement.
For now, it is sufficient if you know the name of your neighbor or either of the contractors. If you need some help in making a claim against them, give me a call or email.