ChrisJM981 924 Posted December 20, 2020 Due to an unrelated injury I was unable to shovel for the first time in the past 30 or so years. I hired a local snow removal company (allegedly insured as per the contractor) that came and placed markers along the driveway. Unfortunately when plowing they pushed the plowed snow right through my fence. I contacted the contractor and he stated he will fix it after the storm and that it happens. It's been 3 days and he hasn't come by. I've documented the damage, but I'm debating if I should file a report with the town police or contact my homeowners insurance in case the contractor doesn't repair the fence to my satisfaction. It is a brand new vinyl privacy fence less than 6 months old. Your thoughts? Quote Share this post Link to post Share on other sites
Displaced Texan 11,653 Posted December 20, 2020 Not a lawyer....but if it were me, I would document the hell out of it. Might ask the township PD if they will write a report on it. They may or may not, but it’s worth the phone call to ask. I don’t know what your deductible is for your homeowners insurance, or the extent of the damage to the fence, but it’s worth looking into. If homeowners pays out, they may seek relief with the contractor. You can always sue in small claims for recovery of the deductible. I’d be on the contractors radar, that’s for sure. If he doesn’t respond via phone, written correspondence (certified letter) will help establish documentation. Quote Share this post Link to post Share on other sites
Golf battery 1,223 Posted December 20, 2020 Have you tried calling him again? This kinda stuff does happen. Give him some time to figure it out. In a snow storm like this i was up for about 2 days. One more day of cleaning trucks and equipment then a solid day or so just recovering from it. Give the guy some time. 2 Quote Share this post Link to post Share on other sites
10X 3,278 Posted December 20, 2020 Is there still snow on the ground there? Might be hard for them to assess damage and make repairs until they can see the ground. 1 Quote Share this post Link to post Share on other sites
Sota 1,191 Posted December 20, 2020 I was going to say, you might be in a slight misunderstanding as to exactly when he's planning on coming out. He might want or need to wait until the snow melts off. I would even suggest he wait until the season is over to do the repair. If it happened once it can happen again. Perhaps tomorrow, you give him a call and calmly discuss his thoughts on when he plans on coming out. I would even have ready for him the material source so he knows exactly what is needed to replace it. Finally, if you don't already have it, install a call recorder app on your cell phone, or do most of your conversing through texts. It helps for everyone to have a more precise/written record of what was said and when. 1 Quote Share this post Link to post Share on other sites
JackDaWack 2,894 Posted December 20, 2020 Wouldn't you want to get an estimate for the repairs in the meantime? Quote Share this post Link to post Share on other sites
Redeye65 160 Posted December 20, 2020 The contractor is required to have snow plow insurance, if he is a small local guy doing a few homes he may not. You can always get an estimate to repair and offer to have it repaired with him covering the cost, if he is going to repair remember he is going to send hopefully a US citizen most likely a kid with no experience with vinyl fence. I would secure the fence to get you through the winter and repair in the early spring. Quote Share this post Link to post Share on other sites
Sota 1,191 Posted December 20, 2020 An additional suggestion: whether or not you've paid the snow contractor in full for the season, I would get a firm estimate from the fence people who put it in for you, pass it along to the plow guy, and let him come back with a response. 1 Quote Share this post Link to post Share on other sites
1LtCAP 4,259 Posted December 20, 2020 7 hours ago, ChrisJM981 said: Due to an unrelated injury I was unable to shovel for the first time in the past 30 or so years. I hired a local snow removal company (allegedly insured as per the contractor) that came and placed markers along the driveway. Unfortunately when plowing they pushed the plowed snow right through my fence. I contacted the contractor and he stated he will fix it after the storm and that it happens. It's been 3 days and he hasn't come by. I've documented the damage, but I'm debating if I should file a report with the town police or contact my homeowners insurance in case the contractor doesn't repair the fence to my satisfaction. It is a brand new vinyl privacy fence less than 6 months old. Your thoughts? document the hell out of it. record all convos with him. 1 Quote Share this post Link to post Share on other sites
AlDente67 563 Posted December 20, 2020 Mr Fence in Freehold does awesome work. Quote Share this post Link to post Share on other sites
maintenanceguy 509 Posted December 20, 2020 Your contractor does damage on your property while working for you sounds like a civil matter, not criminal, not traffic. I doubt the PD will care. I'd call again and have a polite, friendly conversation. He might already have you on his schedule. 30 years ago, I was plowing snow for the first time and figured I would just push the snow through the holes in a chain link fence. Turns out packed snow doesn't push through like I though it would. 1 1 2 Quote Share this post Link to post Share on other sites
Kevin125 4,772 Posted December 21, 2020 As said, maybe give him a friendly call to clarify when he plans to come and inspect the fence and when he expects to have the sections replaced. It is a weekend and he may not have contacted or heard back from a fence company. I suspect this will take a couple to a few weeks. 1 Quote Share this post Link to post Share on other sites
Handyman 5,682 Posted December 21, 2020 14 hours ago, maintenanceguy said: 30 years ago, I was plowing snow for the first time and figured I would just push the snow through the holes in a chain link fence. Turns out packed snow doesn't push through like I though it would. Sounds like you just weren't going fast enough. Quote Share this post Link to post Share on other sites
ChrisJM981 924 Posted December 21, 2020 14 hours ago, maintenanceguy said: Your contractor does damage on your property while working for you sounds like a civil matter, not criminal, not traffic. I doubt the PD will care. I'd call again and have a polite, friendly conversation. He might already have you on his schedule. 30 years ago, I was plowing snow for the first time and figured I would just push the snow through the holes in a chain link fence. Turns out packed snow doesn't push through like I though it would. It's leaving the scene of an accident with property damage. I'm not saying I'd want him to receive a summons, but I'm a firm believer in documenting everything. I have the pictures and text messages. so I guess I should be fine with that? I can't see the bottom of the fence since it's blocked by a mountain of packed snow. Quote Share this post Link to post Share on other sites
njJoniGuy 2,129 Posted December 21, 2020 22 minutes ago, Handyman said: When did BLM start plowing snow? I thought honest work was against their basic tenets. Quote Share this post Link to post Share on other sites
RegRasc1 18 Posted December 21, 2020 Take pictures and contact your homeowners that you might be making a claim if the contractor becomes unresponsive. Your insurance company can then go after his general liability policy. Quote Share this post Link to post Share on other sites
tony357 386 Posted December 22, 2020 The drivers liability ins will cover it if you can get that info. When I plowed liability was covered under my commercial auto policy. Quote Share this post Link to post Share on other sites
Golf battery 1,223 Posted December 22, 2020 Tony. Totally different now. Whole separate policy now. Minimal cost now is about 8k. Yes if you plow one driveway. It will cost you 8k Ridiculous. I lost 6500$ last year Quote Share this post Link to post Share on other sites
Golf battery 1,223 Posted December 22, 2020 Chris. Keep us informed of how it went Quote Share this post Link to post Share on other sites
Redlines 202 Posted December 23, 2020 Get it fixed send him the bill. Quote Share this post Link to post Share on other sites