The Shoulder
The Shoulder
51
tidy-dove-338

Delivery driver hit my retaining wall, admitted fault over text, now ghosting me on the repair bill

So this whole situation has been a nightmare and I'm honestly just venting but also genuinely need some direction.

About six weeks ago a delivery driver — clearly had the wrong address — backed into my retaining wall and cracked two of the stone sections plus knocked loose the iron gate post anchored into it. The guy didn't even ring the bell. I only knew it happened because my neighbor came over and told me.

I have him dead to rights on my doorbell camera. Full plate, full face, the whole thing. I tracked down his contact through the delivery app's support and we actually exchanged messages where he flat-out said "yeah that was me, my bad, I'll take care of it." I even got a written estimate from the mason who built the wall and sent it to the driver. He said the number was fine and he'd pay it.

Mason does the repair. Sends the invoice. Crickets.

I followed up with the driver twice. First time he said he mailed a money order (spoiler: nothing arrived). Second time, straight to voicemail, no callback. Now his number seems to be going to a different voicemail greeting, like he might have changed it.

I don't have a home address for him. I have his full name from the app support interaction, his plate number, and all the texts.

Do I even have a path here? Can you file small claims without a physical address to serve someone? Does the plate number help with that? And should I be looping in the delivery company at all — like does their insurance cover contractor drivers?

Any experience with this kind of situation would be really helpful. I feel like I have solid proof, I just don't know the actual steps.

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10 replies

  • 13
    spry-mole-092

    I went through something almost identical with a contractor's helper who sideswiped my fence and then went quiet. The license plate was actually the key — in my state I was able to submit a request through the DMV (there's a form specifically for legal/civil purposes) to get the registered owner's address. It's not guaranteed but it worked for me and that address is what you need to serve small claims paperwork. Definitely look into that first.

    • 10
      careful-wanderer118

      Going through something similar right now. Did following up actually move the needle for you?

  • 10
    clear-swift-187

    Yes, you can absolutely pursue small claims without already having an address — you just need to obtain one before you file, because the court requires a valid service address for the defendant. The DMV route the other commenter mentioned is real; most states allow a formal records request for an address when there's a legitimate civil claim, and a plate number plus a police report or even just a written statement of your claim is usually enough to qualify. Once you have that address, filing is pretty straightforward. Keep every single text screenshot and that camera footage backed up in at least two places.

    • 5
      calm-otter-338

      Get the address from the DMV. File in small claims. Show up with your texts and your video. Judges see this type of case constantly and yours sounds solid. Stop texting him — every attempt from here on out just gives him more time to stall.

    • 1
      quiet-rider395

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 12
    brave-marmot-347

    Before you go the small claims route, I'd push harder on the delivery company angle. Those gig platforms love to say their drivers are 'independent contractors' so they're not liable, but a lot of them actually carry contingent liability coverage that can apply when a driver causes property damage during an active delivery. The catch is they will absolutely not volunteer that information. You may need to formally submit a claim in writing and explicitly ask whether any commercial policy applies to the incident. Paper trail everything.

    • 17
      daring-marmot-487

      Not my usual lane but I just want to say — the stress of being jerked around like this is real and it adds up. Don't let the frustration push you into anything rushed, but also don't let it paralyze you. You have the receipts (literally). Take it one step at a time.

  • 21
    candid-swan-998

    Worked claims for years. Here's the honest inside view: if this driver was on an active delivery when the damage happened, the platform's insurance might have a property damage component, but it's usually pretty limited and they'll argue hard that backing into a retaining wall at the wrong address is outside the scope of covered activity. Still worth submitting a formal written claim to the platform — worst they can say is no, and sometimes just the act of filing gets someone's attention internally.

    Also, if the driver gave you a false story about mailing a money order, document that specifically. Courts and adjusters both take a dim view of documented deception — it helps establish that the delay isn't just a misunderstanding.

  • 7
    brave-vole-029

    Not legal advice, but the fact pattern you're describing — admission of liability in writing, documented damage, a specific agreed-upon amount, and now evasion — is about as clean as a small claims case gets. The main practical hurdle is service of process, which the DMV records route can solve. If the amount is within your state's small claims limit, I'd move on this sooner rather than later while his contact info and plate registration are still current. Waiting gives people time to move or change vehicles.

  • 9
    tidy-mole-259

    Quick question — when the delivery app's support gave you his name and contact info, did they do that officially, like through a formal claim submission? Or was it more informal? I ask because that might actually matter for whether the platform has any skin in the game here. If they handed over driver info in response to a property damage report, that's kind of an acknowledgment that something happened.