Expert: Richard Hixenbaugh - 8/31/2010

Question
My house incurred hail damage from a storm.  The insurance adjuster came over to my house to inspect the damage to the roof, etc.  He placed a ladder (an aluminum extention ladder) in front of my closed garage door.  My sister, not realizing that the ladder had been placed in front of the garage door, opened the garage door (using the garage door opener) and backed up into the ladder.  She simply did not expect that a ladder would be there and didn't see it!

Thank goodness, no one was on the ladder at the time she backed up into it.  The only damage was to my sister's car, when the ladder came crashing down on the back of it.

On the one hand, the insurance adjuster should not have placed the ladder where he did.  I looked up OSHA safety tips re Ladders, and it said, "A ladder placed in any location where it can be displaced by other activities must be secured to prevent displacement or a barricade must be erected to keep traffic away from the ladder."

But, on the other hand, my sister was backing up and should have made sure there was nothing behind her.

My sister's auto insurance is with the same company that insured the adjusters who misplaced the ladder.  Should she file a claim?  Will her auto insurance rates go up?  Or should she just forget about it.  

Answer
Hi Gail,

Although their is some liability on the adjuster for placing the ladder where he did, the majority of liability rests with your sister. I guess the best way to describe it is "what is instead of it being a ladder in the way, instead it was a child. Your sister had the greatest duty to be sure she had a clear path to back up before doing so.

If she files a claim, it will be considered an at-fault event. She would have to check with the insurance comapny to see if this would increase her premiums.

I hope this helps
Richard Hixenbaugh