Maine Alliance for Road Associations
Our road association is statutory and does have liability insurance. The entrance to our subdivision is gravel and is in need of repair due to the poor road condition and numerous potholes. A handyman contractor had his utility trailer axle broken when he hit a pothole and the damage is in excess of $1000. How does the contractor proceed to recover damages? Would he send notice of damage to the Road Association president or would he contact the Road Association liability insurance company. Any suggestions?
I am President/Road Commissioner of our Statutory Road Association. I am responsible for safekeeping of association records and insurance documents. I am now looking at our policy from Liberty Mutual Insurance. We have a General Liability Section for "bodily injury and property damage" that should apply to situations like yours.
The first page entitled "Property Holder Information" gives, at the top, the name of the insured and the mailing address and phone number of our local Agent. A bold reminder gives the directive:
In case of a claim, call your Agent or (a company number).
I suggest you have the person responsible contact your agent or insurance company to help guide you through the claim reporting process. I would not contact the claimant further until talking with your agent.
If an insurance company denies the claim, saying the road was not properly maintained, can the person that filed the claim try to recover damages by filing in Small Claims Court?
We have liability coverage for $1,000, 000 with a $500 deductible clause and this is the only claim in the three years of our Statutory Road Association.
The Maine Alliance for Road Associations