Am I entitled to compensation?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I entitled to compensation?

My car was damaged when construction scaffolding fell on it, dumping a load of
bricks on my windshield. The car was unable to be driven. The construction
company is claiming that it is the fault of the scaffolding company. It seems as
though the scaffolding company is unwilling to accept responsibility. It took a
full week before I was told, verbally, that the construction company and
scaffolding company are going to share the cost to repair the damage done to my
car. In the meantime, I’ve lost two days of work and haven’t had a vehicle since
the incident took place. This happened on December 3rd.

Asked on December 12, 2018 under Accident Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable construction company / scaffolding company would have exercised under the same or similar circumstances to prevent foreseeable harm). 
Your damages (monetary compensation you are seeking) would be the property damage (cost of repairs to your car) and wage loss.
If the case is settled with the insurance carriers for the construction company and scaffolding company, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the insurance carriers, reject them and file a lawsuit for negligence against the construction and scaffolding companies. If the case settled with one, but not both parties, only name the party with whom the case has not settled as a defendant. Both parties are liable for the entire amount of your damages.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption