Legal Question in Civil Litigation in New York

Snow Plow Damage

I am wondering if I can be held liable for damages made by a snowplow I was operating on someody else's property. The catch to this is, it was done using that person's snow plow (with their permission) for their lot.

I operated a business in their building and nobody could get to me because the parking lot was covered in snow. I used their snow plow to clear their lot, but caused some damage to some merchandise they had for sale in their parking lot.

My insurance company said they will not cover this, and the other person's insurance company has requested that I give them my insurance info and if they will not pay, they require me to pay.

Am I really liable in this situation, since I was not somebody they hired, and it was their own plow that caused the damage?


Asked on 8/12/07, 10:07 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: Snow Plow Damage

Cooperate and give them your insurance information although your insurance company is not likely to pay. It is likely that your insurance company has determined that during the relevant period you were employed by the other company. Salary and other employment terms as you may understand is not an issue. (Any first year law student will argue that you received compensation by benefiting form the clearing of the snow.) Accordingly, any damages to the other company's property during the operation of the snow plow -ordinary negligence- is or should fall under the other company's insurance policy.

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Answered on 8/13/07, 7:13 am
Scott Levinson Korybski & Levinson

Re: Snow Plow Damage

Since you were the one operating the snow plow when the damage occurred, you may in fact have some liability here (of course, more detailed facts are needed). The owner of the plow, however, may also have some liability since you were operating the plow with their permission and using it to clear their lot. Your fact pattern does not state why your insurance company says they will not cover this. You should give your insurance information to the damaged party. Your insurance carrier will need to specify the exact reasons they are denying coverage. My firm handles insurance coverage and defense matters, and you are invited to contact me with any other questions you may have.

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Answered on 8/13/07, 8:52 am


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