The Shoulder
The Shoulder
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spry-sparrow-166

Landscaping company's trailer broke loose and demolished my fence/garage — do I have a case?

So this happened about three weeks ago and I'm still kind of in shock honestly.

I was inside my house on a Saturday morning when I heard this massive crash. Went outside and a landscaping crew's equipment trailer had come unhitched from their truck while they were pulling out of my neighbor's driveway. The thing rolled straight across my lawn and took out my fence, my side gate, and then smashed into my detached garage hard enough to collapse one wall. My car was parked in there. It's a mess.

The crew foreman was apologetic and gave me his company's info on the spot, and I already filed with my own homeowner's insurance just to get the ball rolling. My adjuster said they'll likely go after the landscaping company's commercial liability coverage through subrogation, whatever that means.

Here's my thing though — beyond the physical property damage, I've had real disruption. I can't use my garage, I had to rent a storage unit for my stuff, my car had to go to the shop, and honestly the stress has been affecting my sleep and my work focus. I have a home-based business and my workflow has been genuinely disrupted.

Somebody told me the landscaping company carries a commercial policy with pretty decent limits because they work on high-end properties in my area.

Is it worth talking to a personal injury or property damage attorney separately from just letting my homeowner's insurance handle it? Or will insurance just sort it all out and I'd be wasting my time? I don't want to leave money on the table if there's a legitimate claim here for all the indirect stuff beyond just fixing the garage.

12replies

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12 replies

  • 17
    kind-grouse-828

    Oh man, I had something similar — a contractor's vehicle rolled into my retaining wall while I was at work. I made the mistake of just letting the two insurance companies work it out and I feel like I got shortchanged on all the indirect costs. The fence got fixed but nobody compensated me for the week I spent managing contractors, calls, estimates, all that lost time. Talk to an attorney at least for a free consult before you assume insurance will make you whole.

    • 9
      bright-elk-371

      Short answer: yes, talk to a lawyer. Long answer: your homeowner's insurance handles the property, but YOU are responsible for pursuing your own losses that fall outside that — deductible, business disruption, storage costs, anything indirect. That stuff doesn't just automatically appear in a settlement. Go get a free consult and stop waiting.

  • 5
    curious-raven-506

    Do NOT let the landscaping company's insurer be your new best friend. They will call you, seem super helpful, and then try to get a recorded statement and wrap things up fast with a lowball check. Their adjuster works for THEM, not you. Be really careful about signing anything or accepting any payment before you understand the full scope of what you're owed.

    • 7
      quick-newt-283

      The key things an attorney is going to want to know: Did the trailer have a proper hitch and safety chains? Was the equipment properly maintained and inspected? Commercial vehicles and towed equipment have specific requirements and if the landscaping company cut corners on maintenance or their driver failed to properly secure the hitch, that's negligence pretty much on its face. Document everything — photos, videos, written estimates, receipts for every out-of-pocket expense including that storage unit.

  • 22
    mellow-marten-995

    Former adjuster here. The subrogation process your homeowner's insurer mentioned is real — they'll pay you out and then go after the landscaping company's commercial policy to recover their costs. But here's the thing: subrogation only recovers what YOUR insurance paid out. It doesn't account for your deductible, your lost business income, your rental storage costs, or any stress/disruption damages. Those are yours to pursue separately and insurance companies don't volunteer that information.

    • 1
      restless-backseat229

      Thank you both, this gave me the push I needed to make the call.

    • 2
      kind-wanderer943

      Same boat here. Did anyone mention a deadline to watch out for?

  • 17
    brave-tern-507

    Not legal advice, but this is genuinely the kind of situation where a free consult with a property damage or personal injury attorney makes sense. Commercial liability policies for landscaping businesses can carry meaningful coverage limits, and if you have documented losses beyond what homeowner's insurance covers — business interruption, additional living/operating expenses, your deductible — there may be room for a separate claim. Most PI attorneys take property cases on contingency so the consult costs you nothing.

    • 5
      tidy-marmot-956

      Quick question — do you have documentation of your home-based business income before and after the incident? If you're going to claim business disruption losses that's something you'd need to actually prove with records, tax filings, invoices, that kind of thing. Not saying you don't have a case, just that "my workflow was disrupted" is going to need more than your word for it.

  • 10
    bright-dove-133

    You mentioned sleep disruption and stress affecting your daily functioning — please don't brush that off. Acute stress from property trauma is real and if it persists it can affect your physical health. If you're seeing a doctor about any of this, make sure it's documented. That kind of thing can be relevant if you do pursue a broader claim.

  • 6
    keen-lynx-967

    I'm so sorry this happened to you, that sounds terrifying and overwhelming. A runaway trailer is not a small thing — you could have been in that garage. Please take care of yourself through this process, it's a lot to deal with even when nobody got physically hurt.

    • 1
      steady-traveler783

      This is exactly what I needed to read today. Thank you.