Expert: Anne - 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 (who lives with me), 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
Hello Gail,

I am very sorry to hear about your sister's car and the accident.

Usually, the vehicle that is backing up is 100% at fault. The driver who's backing must ensure that there is nothing behind and that it's safe to proceed. Your sister failed to do this.

However, if there is a manual that states that the adjuster must not place the ladder where he did. Therefore, he could be liable for the damages to the car.

Remember, that fault is not necessarily a 100% preposition. They could each be 50% at fault or something to that effect.

Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

I hope this helps,

Good Luck
Anne
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