Neighbors contractor busted up my sidewalk

[DBracco]

What is the name of your state? KY

My neighbor was having a new roof put on and the roofers pulled a loaded dumpster over my sidewalk breaking the slab. This happened one week ago and while my neighbors are apologetic the roofer has not returned any of my daily phone calls. Here are my questions:
1. Do I need to file a police report?
2. What's a "reasonable" amount of time before I take legal action?
3. Who's responsible- the contractor or my neighbor?

Thanks for your help. DB

 

[justalayman]

1. Do I need to file a police report?

I would try (simply for evidence sake) but they may simply refuse and tell you it is a civil matter.

2. What's a "reasonable" amount of time before I take legal action?

the minute they refuse to speak to this issue or refuse to accept liability and arrange for payment

3. Who's responsible- the contractor or my neighbor?

yes. It could be either or both so sue both. Let the court decide who isn;t liable.

 

[DBracco]

Justalayman,

Thanks for the quick response. One last question, if I do the repairs myself (financial reasons) and I win in small claims court, will I be able to recover what a sidewalk repair contractor would receive (~$700) or just what the materials cost me (~$100). Thanks again. DB

 

[Some Random Guy]

You would be able to receive your damages, which in this case is the $100.

 

[tholt4]

Is the sidwalk actually on your property or on city/county right of way?

 

[DBracco]

Unfortunately, in this city the sidewalks are the homeowners responsibility. DB

 

[pauper_72]

I would not

repair it myself for the sake of liability. IF, at some point down the road, the repair shifted or raised and someone trips, I could foresee them trying to sue YOU because you repaired it. While they may not win, I would not want the hassle. Good luck to you.

 

[DBracco]

I think I'll ask my neighbor if he'll pay a cement contractor to fix it. If he says no, I'll pay the cement contractor and sue my neighbor in small claims court to recover my money. I think that will be the path of least resistance in terms of getting it fixed ASAP without having to (ultimately) pay for it myself and deal with a contractor who obviously doesn't care. Thanks for everyones help, it was a big help. DB

 

[BL]

Are you saying the roofers pulled a dumpster over your slabs , or was this a dumpster from a Co. hired by the contractor ?

How did the roofers pull it ?

How big was this dumpster ?

 

[DBracco]

The roofer said the dumpster was from his supply company.

They pulled it with a diesel truck and it was ~30 ft long. DB

 

[DBracco]

A quick update. The supply company (a national company) admits they did the damage and asked that I get 2-3 estimates for repair and submit them to them. I got 2 estimates and submitted them last Friday (5/30). Since then I've contacted them 3 times about a resolution timeline and no one is telling me when or who will fix or pay for the damage. It has been 3 weeks since the damage occurred. How long should I wait before I head down to SCC? What's a "normal" timeframe for resolution? Does anyone know who I should sue (in KY), I'd like to avoid suing all 3 (roofer, supply co., and neighbor)? Thanks. DB

 

[Zigner]

I'd send them a demand letter, certified mail, return receipt requested. Give them 10 days to begin the repairs, or to have a suitable schedule (ie: Fixit Company is scheduled to be there on 6/15).
On the 11th. day, file your suit. However, if they fix it before you go to trial, you won't have any damages to recover (except, maybe, your court costs)