Who is responsible for damage to electric gate that closed on a truck and was damaged?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 4, 2011

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Insurance Question from Donalds, SC

Asked on 08/04/2011

Who is responsible for damage to electric gate that closed on a truck and was damaged? A business truck for our company was entering a facility that had an electronic gate. When our driver pulled up to the gate it was already open. He stopped and waited, the gate remained open so he proceeded to pull through. The gate started closing and hit the side of the truck. No damage to the truck, but damage to the gate. The facility says we were not suppose to pull through the gate until given a signal... and that we are responsible. Will it depend on postings they may have with rules for entry? I have not been by there yet to see for myself what may or may not be posted.

Answer given on August 05, 2011

Responsibility of an accident – truck vs gate – can be tricky to resolve. I suggest that you contact your insurance agent and ask them to report this incident to your insurance company. The company will investigate, by talking with your driver as well as contacting the company whose gate was damaged. If it determined that the accident was the fault of your driver, they will work out a settlement with that company.I don’t recommend that you try to resolve this on your own. You have purchased insurance for this reason. While you may be able to settle this, there is no guarantee the other company won’t come back and say there was additional damage and ask for more money. By letting your insurance company handle this, they can resolve the claim and make the settlement. It is possible the damages are low enough where your rates won’t be affected.

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