Car drove through my driveway damaging it and my property

[brian2156]

What is the name of your state (only U.S. law)? MA

Someone lost control of their pick-up truck when they lost their brakes and smashed through my landscaping and damaged parts of my driveway. Because there was already a few cracks in the pavement do they have the right to patch it? I would think that the driveway is damaged much worse than before the accident and the cracks that the accident caused will only get worse and become an eyesore. If we patch it that will be an eyesore as well. We have a nice home and I keep things perfect. I have a big driveway that is almost 3000 sq feet and I think it is about $6 a sq foot. That is about $20,000. There is also electrical damage to the landscaping, damage to the lawn and over $500 in christmas decorations and landscape decorations.

Do I have a right to get my entire driveway replaced by their auto insurance?What is the name of your state (only U.S. law)?

 

[fcobarr]

Unless I'm misreading it, something sounds a little contradictory

"Because there was already a few cracks in the pavement..." "...and I keep things perfect"

If the cracks were there before...then it's not perfect. If the driveway has cracks and wear...it is not worth $6 sq ft - that assumes the driveway is new.

No, they won't replace the whole driveway. They will estimate the value of the damage from their client (for example, 100 sq ft damage, then they will pay $600). You can repair it with the money or leave it as is.

Look at it this way. If you have worn out tires that need replacing after an accident, the insurance will prorate the value based on the amount of wear...that is what you are entitled to be made whole. If a new tire costs $200...but the condition of the tire is half worn at the time of the accident, they will pay $100 and you pay $100.

Maybe others understand the system different - this has been my experience and understanding.

 

[ecmst12]

You do not have the right to have the entire driveway replaced if it can be acceptably repaired with patching. You've got to be nuts if you think they're going to pay to replace 3000 square feet if only 10 square feet are actually damaged.

You are entitled to reimbursement for your damaged christmas decorations, but non-legally speaking, having $500 worth of decorations on your lawn is insane, and tacky. That's just my personal opinion though

 

[brian2156]

quick note

The car threw up large bricks and posts that ripped up some and cracked about 500 sq feet. I think a patch will look funny. The old crack was not big and it was not noticed. The new damages NEED to be repaired. How about a sealer to blend?? To fix the electrical the driveway also needs to be dug up to get the wires to the island.

 

[brian2156]

note

You do not have the right to have the entire driveway replaced if it can be acceptably repaired with patching. You've got to be nuts if you think they're going to pay to replace 3000 square feet if only 10 square feet are actually damaged.

You are entitled to reimbursement for your damaged christmas decorations, but non-legally speaking, having $500 worth of decorations on your lawn is insane, and tacky. That's just my personal opinion though

please take a look at the note I added. We have electrical going to the Island that needs to be fixed

 

[ecmst12]

I think blending the patch in with the rest of the driveway is a reasonable request and not stupidly expensive. And if they have to dig up the driveway to fix your wires, then of course that part will need to be fixed too. Just be aware that they're not going to pay for more repairs then are reasonably needed. And also that the driver has a limited amount of coverage available for property damage - minimum coverage in your state is only $5k.