Hit roll-off dumpster

How fast were you going when you hit the dumpster?

 

You could try that, though it's far from clear that you would win. Even though it's dark, your car should have backing lights that should have illuminated the area behind your car allowing you to see what was behind you.

But even assuming you could win, the problem is that because your insurance company has a right of subrogation, it would be entitled to everything you get from the lawsuit up to what it paid out -- so likely all you'd potentially get is the $500 deductible you paid. If you won, though, that might be useful in getting your insurance company to back off a rate hike. No guarantees on that, though.

 

Not only were you negligent in backing up and hitting a stationary object but you must have been going at a higher than reasonable rate of speed to incur that much damage.

Your rates are likely to go up if your insurance people rule you at fault.

Having already paid your claim, your insurance company has the right of subrogation, to seek reimbursement for your claim including your deductible. You no longer have the right to sue unless the subrogation people waive the right to subrogate. They will only do that if they believe that there is no chance of recovery.

If the experts at your insurance company don't think that there is any chance of recovery, then there is literally close to zero chance of you winning.

Before you commit to a lawsuit talk to your subrogation reps and see what their opinion is on the chance of winning.

You will need their consent to sue and on the remote chance that you win, all but your deductible goes back to the company.

 

How many feet between the end of the white line and the dumpster?

 

Proving the construction company placed the dumpster, where you claim it was will be a daunting task.

I'm sure the contractor will DENY it was placed where you hit it.

I'm certain someone will theorize it could have ended up where you hit it after a prankster moved it., or a gust of high wind somehow caused it to drift.

Good luck.

 

The photo reveals that the dumpster was placed far enough away as to be avoidable. It was negligence to back up and hit it.

 

Hmmm, Meatloaf sang about a similar situation:

 

Much better than Doris Day, AJ.

 

LOL, they're both excellent artists.

 

Judging from the photo, you could have easily avoided hitting that dumpster. You have no case, IMO.

 

Translation: You operated your car negligently by failing to determine that the path in which you would be traveling was free from obstructions.

OK...but you have eyes, right? And you had the ability to look around before getting in the car, right? And "not well lit" is not the same thing as absolute darkness, right?

Did you ask someone with your insurer about this, or is this just an abstract concern?

Of course you can. I'm not sure what you meant by "go after," but anyone can sue anyone for anything.

3.865%

Seriously...if you contact the company, you're going to get a response similar to what I gave above. You are responsible at all times for ensuring that your path is clear, and you failed to do that. Also, if the repairs cost $9,000, that strongly suggests that you backed up at a much higher speed than would be appropriate in an area that you admittedly knew was "not well lit." Maybe the company will refer you to its insurer, and maybe the insurer will offer a nuisance settlement. But you shouldn't be optimistic. Also keep in mind that, as a result of you taking payment from your own insurance, your insurer now owns your claim, so you would need your insurer's permission before suing or your insurer will be entitled to anything you recover.

I'm skeptical that this could have resulted in $9k in damages.

That thing is huge, apparently white, and has reflective stickers on it. With your backup lights (which are white) on, there would be no way that anyone paying attention could have missed that.

 

It's unlikely the owner of the dumpster is going to come after you for damages.

 

...but possible

 

Especially if Melissa attempts to sue them for her own negligence.

 

hi, i would say normal speed for backup. .. it is important

 

No, it's not important.

 

And quit calling me Shirley.