Can I Sue my neighbor whose commercial Truck damaged my house

[Adesai]

What is the name of your state?

NJ
My neighbor has a Commercial truck with trailer. Because of his negligence his vehicle slip out of park and traveled access the road and stuck to my house. My house foundation was considerably damaged and the building department declared this house as not safe to stay for Human. I have two kids, my wife and my parent living with me and we used to be stay outside in our premises in the evening time so at this time thank to God no body is on the drive way where this neighbor truck traveled and nobody get heart, but now after this incidence we are very afraid and feel very unsafe with this neighbor. What legal action I can take against my neighbor? I already informed my insurance company. The assessor told me if I am going to sue neighbor, insurance company is not going to pay the lawyer fee. Now there is always a big fear to us with this neighbor. What we can do to stop him to park this commercial vehicle in his parking lot?

 

[autowreck]

your insurance company will not file a claim or a lawsuit against the owner of the truck which struck your home as it was not their home which was damaged. If you use your homeowners coverage to have your home repaired then your insurance company will seek to receive their payment back (and possibly your deductible) from the insurance company of the truck or the truck owner(s). If the truck is being parked in the owners lot and is being done legally then you won't have much luck in stopping him from parking there. If it is being parked illegally then you will have to check with the city to see if and what ordinance the truck owner is violating. You may also have a case if this has happened before as it may show poor maintenance on the owner of the truck since it began to move when no one was in it.
good luck

 

[bowler87]

The owner of the truck has liability insurance. Ask the owner for the name of the liability carrier on the truck.

What facts have you gathered to conclude that his conduct was "negligent" ?

The truck insurance company will investigate---if they conclude that it was negligence, then they will pay to have your house repaired.

If they conclude that the fault is of the last person to do mechanical work on the truck transmission, then you go to that party and his insurance.

The owner of the truck should already have contacted his insur company---I wonder why they have not contacted you?

Report this incidence to the DMV and ask for the name of the insur. company.

 

[southernponyboy]

If you are worried that your home is now unliveable, you need to go ahead & file on your homeowners policy. They will make all necessary repairs (minus your deductible) and then they will subrogate against the neighbor's auto insurance. At least this way you will be out of it and let the insurance co haggle with him. In Texas, any amount that the Ins Co collects from the negligent party thru subrogation has to go towards paying you back your deductible FIRST. I dont know about your state.

Seems to me that this is the easiest way for you to get thru this.