[rbt]

This morning a landscape co flings a boulder(lol) into my truck and puts a dent in it and leaves hugh gashes down to the metal in it. It was so loud I thought someone hit me. I pulled over and went and got the guy on the mower and told him to call his boss. No luck there. I left about 3 voicemails and took pics of the damage & their commercial truck and you can even see the workers reflections in the pic. I found the co's website and cc'd the owners and the whole staff. I also filed a delayed police report. This could have been avoided if they would mow atleast with the opening not facing traffic. Are they responsible or am I SOL? Dent Dr's quoted me $75 just to pull the dent then theres the matter of repainting it. I have 4k miles and am very particular about it. here is the damage...

 

[VQP0WER]

Yes, they are responsible.

 

[Nixonnow]

yes they should be 100% responsible for any and all damage they cause. i work for the city out here and if one of us is operating the brush cat that is basically a huge mower with thick steel blades, and it will throw softball sized rocks pretty far. or even a weedwhacker and hit a vehicle that is driving by. we have to pay for it. most businesses should have that kind of coverage in there insurance policies.

 

[rbt]

Yes, they are responsible.

thx. good to know. there are just so many shady people in the world that don't want to do the rt thing anymore. Hopefully they don't try to weasel out of it.

 

[VQP0WER]

I'm sure this company would have to be licensed and bonded and insured, so if they give you crap, go down to the city hall or where ever and report them.

 

[rbt]

yes they should be 100% responsible for any and all damage they cause. i work for the city out here and if one of us is operating the brush cat that is basically a huge mower with thick steel blades, and it will throw softball sized rocks pretty far. or even a weedwhacker and hit a vehicle that is driving by. we have to pay for it. most businesses should have that kind of coverage in there insurance policies.

I'm sure this company would have to be licensed and bonded and insured, so if they give you crap, go down to the city hall or where ever and report them.

Thanks guys. I feel a little better but its ugly to look at...lol

 

[AZPRO4X]

The thing is how do you prove it came from there mower? If they are cool they will pay for it but its your word against theirs and you have no way to prove it. Her in Az we have problems with rocks hitting our windshields from dump trucks but there is no way for us to prove it didn't come from the road. That's why we have windshield replacement on our ins.

 

[VQP0WER]

The thing is how do you prove it came from there mower? If they are cool they will pay for it but its your word against theirs and you have no way to prove it. Her in Az we have problems with rocks hitting our windshields from dump trucks but there is no way for us to prove it didn't come from the road. That's why we have windshield replacement on our ins.

The dude personally witnessed it. This is not like a murder and the guy needs DNA evidence or video tape.

I have personally got a trucking company to pay for a new windshield for me. I was behind the guy and crap came from the bed of the truck. They are required to ensure nothing will fall out and damage or hurt anyone, same with landscapers.

 

[Nixonnow]

I have personally got a trucking company to pay for a new windshield for me. I was behind the guy and crap came from the bed of the truck. They are required to ensure nothing will fall out and damage or hurt anyone, same with landscapers.

that is also a ticket. its called unsecured load.

 

[brookgehle]

Not saying you are wrong in what you want at all, but I personally dont think it would be worth your time. You are talking about mowing lawns here...and last time I checked they dont make terribly much money(not to mention there is nothing saying they have to be insured). So the question then becomes do they have the funds to pay for it even if they are found guilty in court? Just because they "owe" you money doesn't mean they are going to pay it if they can't. You can not garnish their wages as an independent company that is not govt run. I would see it as a waste of my time that might get me $150 bucks in the end. Save yourself some time and stress, do the dent doctor for $75 and get some OEM touchup paint for $15 on ebay.
Not to mention your tires wont be slashed one morning when you walk out to your truck because you ruined someone else's week and possibly cost them their job.

 

[linycctitan]

Not saying you are wrong in what you want at all, but I personally dont think it would be worth your time. You are talking about mowing lawns here...and last time I checked they dont make terribly much money(not to mention there is nothing saying they have to be insured). So the question then becomes do they have the funds to pay for it even if they are found guilty in court? Just because they "owe" you money doesn't mean they are going to pay it if they can't. You can not garnish their wages as an independent company that is not govt run. I would see it as a waste of my time that might get me $150 bucks in the end. Save yourself some time and stress, do the dent doctor for $75 and get some OEM touchup paint for $15 on ebay.
Not to mention your tires wont be slashed one morning when you walk out to your truck because you ruined someone else's week and possibly cost them their job.

Not sure how it is in TX, or in Nashville, TN for that matter, but here in NY all businesses have to be licensed and properly insured for whatever type of work or service you provide. Granted, there are some "fly-by-nites" out there that don't play by the rules, but between the fines and possible jail time if you are caught, it just not worth the risk.

rbt - ask around and check with your local consumer affairs department, they will be able to tell you whether landscapers/property maintenance co's have to be licensed (or registered) and insured. Hope it all works out.

 

[brookgehle]

Not sure how it is in TX, or in Nashville, TN for that matter, but here in NY all businesses have to be licensed and properly insured for whatever type of work or service you provide. Granted, there are some "fly-by-nites" out there that don't play by the rules, but between the fines and possible jail time if you are caught, it just not worth the risk.

rbt - ask around and check with your local consumer affairs department, they will be able to tell you whether landscapers/property maintenance co's have to be licensed (or registered) and insured. Hope it all works out.

No where near as strict here. Think of all the immigrants in TX and the possibility of really getting them to insure their mowers. Lol.

I still say it is way more trouble, and troublesome to others to go through court to fix a ding than to spend $90 to fix it yourself. After all time is money to me. Not to mention no enemies will be created, and no stressful conversations will take place.

 

[AZPRO4X]

The trucking companies here have big signs on the trucks that say NOT RESPONSIBLE FOR ROAD DEBRIS, that is basically saying we aren't paying for anything that falls off of our truck. If the dude said it came from my mower then that's a different story but he could always change his story that's all im saying. I hope they fix you truck and I would be pisses too.

 

[OneQuick06]

If they were on a contracted property, then yes, their insurance will cover it. Been there.

 

[rbt]

Thanks guys and I think each of you have valid points. I did look up the company and they are a huge local commercial landscape co. They were doing a contracted property. They do have good reviews as well as won some awards as best business, etc. They workers did not speak english and I do not know if they are legal or not. A lot of companies do like to pay under the table but TN has been cracking down on this so one if they are legal that's irrelevant but if they are not I would think they dont want any attention that might cause an investigation. As big as they are, I would say they have insurance but there is always the possibilty that they could say your word against ours and at the same time I would say IF I wanted to take it that far I would win given my documentation and witnesses. It was clear that the rock came from there as I heard that sound of a rock hitting the blades and then hitting my truck.

 

[honda250xtitan]

should've lifted your truck higher, than it would've gone under it.

 

[miketan]

Man, that sucks! Your truck is one of my favorites on this site.

It's ultimately going to come down between your word and theirs. The guy probably felt guilty so that's why he hung around when you took those pics. I have a feeling he did speak english, but he said he didn't to avoid any confrontation. I get a lot of people likethat here in So. Cal that say the same thing. "Sorry, me no hablos inglis." The truth is, they do know how to speak english, but they use it as an excuse to avoid communicating with you. The fact that the landscaping company is not returning your phone calls raises a big red flag to me. You should have requested a police report right then and there. The fact that you filed a delayed police report may not look favorable in court. It obvious they're going to make you work for the money by playing the phone tag game. AZpro4x guy is right. If the guy claims it didn't come from his mower, you may be SOL. Liability disclaimers like those signs that read "such and such is not responsible for any damages..." serve not only to weed out people who don't think they have a chance to make these big companies liable, but it also serves to bolster their case, if it ever goes to court, by implying you didn't take "reasonable effort" to ensure mitigation of damages on your part. In other words, did you take reasonable effort to not follow too closely behind the spewing gravel truck? Did you take reasonable effort to avoid the big pothole sitting out in the middle of the road?" That kind of logic. In this case, there was nothing you could do to avoid the rock hitting your truck, so you're good there. If you have to take them to small claims court, you can always use the safety defense and say how dangerous it is for them to be mowing lawns against traffic flinging rocks and debris across the roadway. A few witness statements would be good too. At any rate, you'll have to determine if it's worth the time and money to pursue a small claims case if they decide to not pay. The cost to have the dent removed by a PDR guy will be around $75-$150. Then, you have the cost to repaint the door which will be anywhere from $150-$300. Even though the damage is relatively small, they're going to have to clearcoat the whole panel for a proper paint repair and that will require removing the trim, mirror, moldings, emblems, etc.

 

[rbt]

should've lifted your truck higher, than it would've gone under it.

lol...that did cross my mind.

Man, that sucks! Your truck is one of my favorites on this site.

It's ultimately going to come down between your word and theirs. The guy probably felt guilty so that's why he hung around when you took those pics. I have a feeling he did speak english, but he said he didn't to avoid any confrontation. I get a lot of people likethat here in So. Cal that say the same thing. "Sorry, me no hablos inglis." The truth is, they do know how to speak english, but they use it as an excuse to avoid communicating with you. The fact that the landscaping company is not returning your phone calls raises a big red flag to me. You should have requested a police report right then and there. The fact that you filed a delayed police report may not look favorable in court. It obvious they're going to make you work for the money by playing the phone tag game. AZpro4x guy is right. If the guy claims it didn't come from his mower, you may be SOL. Liability disclaimers like those signs that read "such and such is not responsible for any damages..." serve not only to weed out people who don't think they have a chance to make these big companies liable, but it also serves to bolster their case, if it ever goes to court, by implying you didn't take "reasonable effort" to ensure mitigation of damages on your part. In other words, did you take reasonable effort to not follow too closely behind the spewing gravel truck? Did you take reasonable effort to avoid the big pothole sitting out in the middle of the road?" That kind of logic. In this case, there was nothing you could do to avoid the rock hitting your truck, so you're good there. If you have to take them to small claims court, you can always use the safety defense and say how dangerous it is for them to be mowing lawns against traffic flinging rocks and debris across the roadway. A few witness statements would be good too. At any rate, you'll have to determine if it's worth the time and money to pursue a small claims case if they decide to not pay. The cost to have the dent removed by a PDR guy will be around $75-$150. Then, you have the cost to repaint the door which will be anywhere from $150-$300. Even though the damage is relatively small, they're going to have to clearcoat the whole panel for a proper paint repair and that will require removing the trim, mirror, moldings, emblems, etc.

Thanks. Ya, I am prepared to come out of pocket to fix it but I'm also prepared to take it as far as I can w/o passing the point where its not worth pursuing anymore. My wife said that I could file it under his insurance and they will investigate it (she works on the corporate side of the insurance industry). I would also contact the BBB. Also they were mowing one of their comercial customers which was Fifth Third Bank which I made aware of things and I could always reach out to them in that further stating the company they choose to do business with operates in a irresponsible manner. I know this might not be anything to them but atleast there will be something against them.

 

[brookgehle]

I sure would hate to mow one strip across my yard, have to turn the blades off, go back across and restart your blades as you turn around again, just so that I wouldnt fling rocks towards the road. This is what he would have had to do to not ever point the mowers blades towards the street. Not to mention then every time he passed he would be flinging debris towards the house and co-workers. Maybe break a window or put an eye out.

 

[rbt]

I sure would hate to mow one strip across my yard, have to turn the blades off, go back across and restart your blades as you turn around again, just so that I wouldnt fling rocks towards the road. This is what he would have had to do to not ever point the mowers blades towards the street. Not to mention then every time he passed he would be flinging debris towards the house and co-workers. Maybe break a window or put an eye out.

I know when I mow my yard, I definately do not have it spraying cars when they are passing my house....I'm considerate like that. But he could mow with the mower facing in and keep circling where its always facing in and he wouldn't have to turn his blades off because going back and forth is strictly cosmetic for lines. They could also schedule the customers that are situated on very busy main rds early in the morning when there is barely any traffic not when the city is up and moving with bumper to bumper traffic. This was also on a 100yd lot and the commercial bldg was at the top of the hill and even then separated by a huge parking lot where as he was arm distance from passing cars. He could have just done say 15 yards with it facing away from traffic. They should be wearing safty glasses but that rock could have went thru my window striking my 2 yr old in the face. I agree that it would suck for him to reach over and pull that blade up but that would involve caring for others at the price of a few extra steps and also paying for damage that just cost him a whole weeks paycheck.