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$10,370.12!! North Dakota

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  • $10,370.12!! North Dakota

    I just got a letter from a insurance company saying that I have to pay them $10,370.12 for damages that occured while installing there system.

    The customer never called me and let me know there were any issues. The customer went ahead and called there insurance company and had them do all the repairs and paid the customer that money.

    Is that legal? Now the people that I have a contract with is saying to just pay it....

  • #2
    Only an attorney can tell you whether you have any legal liability here. Is this your own business?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If you damaged your customer's premises while doing an installation and if $10,370.12 is a reasonable amount to restore the damages to the customer's premises, you may be liable to the insurance company. When a insurance company pays a claim to its policy holder, it steps into the shoes of the policy holder with respect to the party who caused the damages.

      If you think that you did not cause the damages your customer claimed or, even if you did cause some damages, you believe that the damages could have been repaired for less than $10,370.12 if the customer would have been prudent, then perhaps you don't owe the money, or at least perhaps you don't owe the entire amount claimed. In that case, you should definitely talk to a lawyer.

      While it seems bad to you that the customer never let you know there was an issue, that probably doesn't affect the real issue - were there damages which you caused and, if so, what were those damages.

      For example, let's say your truck backs into the corner of the customer's building. Yes, the customer can call you and try to work directly with you but there is no requirement that he do so. Most customers, in that situation, have insurance on their building and simply want the problem fixed. They will pick up the phone, call the insurance company, have an adjuster come out, get a check on the spot, and get the damage repaired. Whether the insurance company pursues the person who did the damage, and whether the insurance company is able to collect anything back, is not the customers problem any more. The customer has solved his problem. That is how insurance works.
      David K. Staub (www.illinoisbusinessattorney.com)
      Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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      • #4
        Thanks, Thats great to know. I thought there was a "Right to Cure Law"

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