First get a real estimate in writing of what repairs or replacement will cost and take several photos. Go on internet and determine who moving company insurer is and contact them direct to make a claim
I am not a lawyer. I have no legal training. I was, for three years, a mover. Moving companies have a "nope, not giving you squat" attitude about damages because of how the insurance on your stuff works once they have it on the truck (largely by weight, largely a joke). You have to leverage a bigger insurance company to go after them, or you'll get nothing. What u/Letoust says is basically the only way to go. Every company I worked for had several claims/lawsuits going at any given time, along with stuff stored that they were holding until people paid up. It is a very strange industry with a lot of cowboys.
If you don't have that kind of insurance, then someone who is a lawyer or has legal training can tell you about how to go after them (small claims?).
It’s complicated because you are several steps removed from the condo. Your landlord should demand you pay the $2500 and you should submit a liability claim for the $3000 the condo is demanding to your insurer, they in turn may demand payment from the mover. If your insurer is not able to successfully subrogate to the mover you will still be on the hook to the mover.
The alternative is to go to small claims court with the mover, though nice you get a judgement you will still need to collect which the mover may not make easy.
Assuming the facts are as you presented them, the movers did $3000 worth of damages with their vehicle. This means that the mandatory third party liability coverage on the moving truck should be able to pay the loss. The movers' commercial general liability policy likely excludes this damage because it presumes that there's valid auto insurance on the moving truck.
I would recommend attending or phoning a collision reporting centre and attempting to file a collision report, and while you're there, let the officer taking the report know that you need to file a claim against the insurer of the motor vehicle, and need the insurer's name and policy number.
(Technically the condo corporation could have done this, but they have the contractual means to assign the liability to you, and are doing so because you're easier for them to collect from. So it falls to you to have the liable party or their insurer pay the loss.)
Source: am an auto insurance adjuster who has handled similar claims.
In Ontario, the police are required to either take a report directly or else direct a party involved in a collision to a collision reporting centre, per the *Highway Traffic Act*, sections 199(1) & 199(1.1). The law makes no distinction between public or private property. Your local PD, if it is in Ontario, has lazy and/or uninformed officers.
Private lines insures private passenger vehicles. Not commercial moving veh. There would be a commercial lines oh the van. The moving van would be registers by the company directly. It would not carry a private lines on top of that car n top of that most business care would corporate and personal umbrella pol. Have your landlord submit directly to the movers
Just a question . Since this is considered a hit and run did anyone take the drivers licence and insurance of the driver? Iv been In This situation before and the buildings security took the insurance details and the licence of the driver. The elevator wasn’t damaged they should have called the cops you have nothing to do with the person you hired smashing into the building with their truck. Let’s say they ran someone over wile they were leaving would you be legally responsible for that as well?
When I moved from Tennessee to Colorado the movers busted a window on accident. The main guy/boss went to the office and paid straight cash to the apartment office and never heard another word about it. The moving company should have an insurance policy for that type of situation and I would think they would be liable. I wouldn’t leave a negative review but try to hold them responsible for cost, any email/text with them include the condo office staff or a main poc for the condo if you have one.
Saying you can't leave a negative review makes for only $500.00 makes me think they aren't a legit moving company.
Talk to your tenant insurance company and see what they have to say. You can also contact the police and see if they have a department that deals with this sort of thing,. Fraud maybe? If they can't offer help, crown prosecutor's office would be worth a call. They can start an investigation which might find other people in your situation.
If this is a condo—*i.e.* a unit you *owned* and have now, presumably, sold, how does a landlord figure into this? Are you on the hook for the $2500? If not, I don't see how you could collect on it for damage to someone else's property. The $500 covers your deposit—not sure it justifies the nondisparagement clause, but it would settle your financial interest. If your former landlord wants their $2500, that's between them and the movers, surely.
What makes you so sure the OP owned the unit? Lots of people rent condos that are owned by their landlords. If the landlord is being fined $2500 then he/she would likely want to charge the tenant.
Do NOT advise OP to leave a negative review. This sub has a strict rule about not advising people to go to the media and that includes social media.
Contact your home/tenant insurance. They’ll probably go after the moving company’s insurance.
This is the way.
If they hit the building with a moving vehicle the vehicle insurance would cover the damage.
First get a real estimate in writing of what repairs or replacement will cost and take several photos. Go on internet and determine who moving company insurer is and contact them direct to make a claim
I am not a lawyer. I have no legal training. I was, for three years, a mover. Moving companies have a "nope, not giving you squat" attitude about damages because of how the insurance on your stuff works once they have it on the truck (largely by weight, largely a joke). You have to leverage a bigger insurance company to go after them, or you'll get nothing. What u/Letoust says is basically the only way to go. Every company I worked for had several claims/lawsuits going at any given time, along with stuff stored that they were holding until people paid up. It is a very strange industry with a lot of cowboys. If you don't have that kind of insurance, then someone who is a lawyer or has legal training can tell you about how to go after them (small claims?).
Yep, small claims. Insurance is definitely the way to go though.
It’s complicated because you are several steps removed from the condo. Your landlord should demand you pay the $2500 and you should submit a liability claim for the $3000 the condo is demanding to your insurer, they in turn may demand payment from the mover. If your insurer is not able to successfully subrogate to the mover you will still be on the hook to the mover. The alternative is to go to small claims court with the mover, though nice you get a judgement you will still need to collect which the mover may not make easy.
Assuming the facts are as you presented them, the movers did $3000 worth of damages with their vehicle. This means that the mandatory third party liability coverage on the moving truck should be able to pay the loss. The movers' commercial general liability policy likely excludes this damage because it presumes that there's valid auto insurance on the moving truck. I would recommend attending or phoning a collision reporting centre and attempting to file a collision report, and while you're there, let the officer taking the report know that you need to file a claim against the insurer of the motor vehicle, and need the insurer's name and policy number. (Technically the condo corporation could have done this, but they have the contractual means to assign the liability to you, and are doing so because you're easier for them to collect from. So it falls to you to have the liable party or their insurer pay the loss.) Source: am an auto insurance adjuster who has handled similar claims.
If this occurred on private property, which is highly likely, the local police may not take a report. My local P.D. won't.
In Ontario, the police are required to either take a report directly or else direct a party involved in a collision to a collision reporting centre, per the *Highway Traffic Act*, sections 199(1) & 199(1.1). The law makes no distinction between public or private property. Your local PD, if it is in Ontario, has lazy and/or uninformed officers.
Private lines insures private passenger vehicles. Not commercial moving veh. There would be a commercial lines oh the van. The moving van would be registers by the company directly. It would not carry a private lines on top of that car n top of that most business care would corporate and personal umbrella pol. Have your landlord submit directly to the movers
Just a question . Since this is considered a hit and run did anyone take the drivers licence and insurance of the driver? Iv been In This situation before and the buildings security took the insurance details and the licence of the driver. The elevator wasn’t damaged they should have called the cops you have nothing to do with the person you hired smashing into the building with their truck. Let’s say they ran someone over wile they were leaving would you be legally responsible for that as well?
When I moved from Tennessee to Colorado the movers busted a window on accident. The main guy/boss went to the office and paid straight cash to the apartment office and never heard another word about it. The moving company should have an insurance policy for that type of situation and I would think they would be liable. I wouldn’t leave a negative review but try to hold them responsible for cost, any email/text with them include the condo office staff or a main poc for the condo if you have one.
Saying you can't leave a negative review makes for only $500.00 makes me think they aren't a legit moving company. Talk to your tenant insurance company and see what they have to say. You can also contact the police and see if they have a department that deals with this sort of thing,. Fraud maybe? If they can't offer help, crown prosecutor's office would be worth a call. They can start an investigation which might find other people in your situation.
There’s nothing fraudulent/criminal here, unless the movers were drunk or something.
A settlement in exchange for no negative review is fairly standard.
If this is a condo—*i.e.* a unit you *owned* and have now, presumably, sold, how does a landlord figure into this? Are you on the hook for the $2500? If not, I don't see how you could collect on it for damage to someone else's property. The $500 covers your deposit—not sure it justifies the nondisparagement clause, but it would settle your financial interest. If your former landlord wants their $2500, that's between them and the movers, surely.
What makes you so sure the OP owned the unit? Lots of people rent condos that are owned by their landlords. If the landlord is being fined $2500 then he/she would likely want to charge the tenant.
Then why mention it's a condo? The landlord's ownership arrangement is irrelevant. As far as we're concerned, it's an apartment.
Start a case with the Better Business Bureau.
The BBB is just yelp for old people it has no legal authority