If I was in an accident that was not my fault and my semi-truck had to be towed but it was vandalized while at the salvage yard, does the yard have liability for this?
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If I was in an accident that was not my fault and my semi-truck had to be towed but it was vandalized while at the salvage yard, does the yard have liability for this?
The police thought my car was not safe to drive and towed it to a salvage yard. The accident was not my fault. The salvage company was not my request and I did not choose the company. I was instructed to go to the salvage yard in a day or so and remove my possessions and the tag so that the insurance adjuster could appraise the damage. When I went to the salvage yard, my car had been vandalized. Someone had been smoking, drinking, and drugs in it. The salvage yard owner said there was an old man who sometimes slept in the cars at night. Now I have to file additional vandalism claim to have the car cleaned.
Asked on September 29, 2015 under Accident Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The salvage yard is liable for negligence. Negligence is the failure to exercise due care that degree of care that a reasonable salvage yard would have exercised under the same or similar circumstances to prevent foreseeable harm.
You can sue the salvage yard for negligence. Your damages the amount of monetary compensation you are seeking in your lawsuit for negligence would be the cost of repairing the vandalism.
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