Landscapers damage

[bostonm]

Florida
Found out today that last week my landscaper damaged my neighbors AC unit. The landscaper called him, and had his (the landscapers) insurance adjuster come out and give quote. The outside unit was replaced, as well as the inside because my neighbor said it was recommended by the AC company. No damage was done to the inside unit. The damaged unit was 18 years old. This exceeded the quote by 1500. My neighbor called me today and wants me to pay the difference. Until today I had no knowledge any of this even happened. He called me and is demanding I am responsible for the difference. My landscaper is an independant contractor and not my employee.
Am I responsible for the difference?

 

[LdiJ]

Florida
Found out today that last week my landscaper damaged my neighbors AC unit. The landscaper called him, and had his (the landscapers) insurance adjuster come out and give quote. The outside unit was replaced, as well as the inside because my neighbor said it was recommended by the AC company. No damage was done to the inside unit. The damaged unit was 18 years old. This exceeded the quote by 1500. My neighbor called me today and wants me to pay the difference. Until today I had no knowledge any of this even happened. He called me and is demanding I am responsible for the difference. My landscaper is an independant contractor and not my employee.
Am I responsible for the difference?

No, you certainly are not. Its questionable that anyone was responsible for much towards an 18 year old AC. However, you can certainly call your home owner's insurance company and get their take on it.

 

[xylene]

Tell him to him pound sand and look up unjust enrichment.

He's been compensated for the actual damage. And then some.

He got a massive break by getting full replacement on the outside unit rather than its paltry depreciated value.

 

[Whoops2u]

Did the landscaper's insurance company get the neighbor's signature on a release for the payment? If so, you're done. If not, you can be sued for damages caused by your agent. I agree with the others your neighbor has been adequately compensated for his loss. That does not prevent you from suing you if he thinks he was damaged more than what he got. That is, unless you have the signed release.

 

[Zigner]

Did the landscaper's insurance company get the neighbor's signature on a release for the payment? If so, you're done. If not, you can be sued for damages caused by your agent. I agree with the others your neighbor has been adequately compensated for his loss. That does not prevent you from suing you if he thinks he was damaged more than what he got. That is, unless you have the signed release.

Even a signed release doesn't prevent a lawsuit...
Of course, it'll go a long way towards preventing the plaintiff from winning...

 

[Whoops2u]

Even a signed release doesn't prevent a lawsuit...
Of course, it'll go a long way towards preventing the plaintiff from winning...

It can't prevent it, but it can punish it by being exhibit #1 on malicious prosecution in that suit.

 

[Zigner]

It can't prevent it, but it can punish it by being exhibit #1 on malicious prosecution in that suit.

Right - however, your statement was not accurate.

 

[Whoops2u]

Right - however, your statement was not accurate.

Fair enough. I shall encourage such level of pedantry in the posts I read.

 

[xylene]

It's unlikely the OP presently has this release to a third party's insurance carrier, given the claim was paid and the air conditioner repaired before he was even apprised of the situation. That's a fair point too.

 

[Zigner]

Did the landscaper's insurance company get the neighbor's signature on a release for the payment?

Upon further reflection, I am also going to take exception to this statement. Any release that the neighbor gave to the OP's landscaper likely wouldn't bar a successful suit by the neighbor against the OP. It would simply be a release in favor of the landscaper...

 

[Zigner]

It's unlikely the OP presently has this release to a third party's insurance carrier, given the claim was paid and the air conditioner repaired before he was even apprised of the situation. That's a fair point too.

Yes, I know that I essentially echoed your post

 

[bostonm]

Did the landscaper's insurance company get the neighbor's signature on a release for the payment? If so, you're done. If not, you can be sued for damages caused by your agent. I agree with the others your neighbor has been adequately compensated for his loss. That does not prevent you from suing you if he thinks he was damaged more than what he got. That is, unless you have the signed release.

I am unaware if anything was signed. I actually didnt even know anything had happened. My neighbor called me after everything was done and told me about it, explaining I owe him $1500.
My insurance company said liability will fall on the landscapers insurance.

 

[xylene]

bostonm has no liability (that doesn't preclude a suit) because the neighbor has been made more than whole by the insured responsible party.

That's not contingent on anything the neighbor signed (or didn't) with anyone.

The fact that the HVAC guy sweet talked him into replacing undamaged internal components is just "good" salesmanship and does not confer liability to the OP or the landscaper.

 

[Zigner]

bostonm has no liability (that doesn't preclude a suit) because the neighbor has been made more than whole by the insured responsible party.

That's not contingent on anything the neighbor signed (or didn't) with anyone.

The fact that the HVAC guy sweet talked him into replacing undamaged internal components is just "good" salesmanship and does not confer liability to the OP or the landscaper.

Fair enough

 

[bostonm]

bostonm has no liability (that doesn't preclude a suit) because the neighbor has been made more than whole by the insured responsible party.

That's not contingent on anything the neighbor signed (or didn't) with anyone.

The fact that the HVAC guy sweet talked him into replacing undamaged internal components is just "good" salesmanship and does not confer liability to the OP or the landscaper.

He told me because the system is 18 years old, it was "recomended" by the HVAC company that the inside air handler be replaced as well. I'm a fireman and work with a guy that has an AC business, and he said it would not be a requirement. Recommended sure, but not required.