QuestionA commercial truck is backing into a loading dock. The garage door on the builing malfunctions and lands on top of the roof of the truck. The truck driver tries to avoid the crashing garage door and pulls forward. By moving foward, he drags the garage door off the building, breaking the cables and damaging the two bottom sections of the garage door. Auto liability property damage??
Answer Hello Larry,
Now that's a doozey!
Seriously, as you have explained it, the first event was that the garage door malfunctioned. I am going to assume that it malfunctioned on its own, not because the truck hit it.
The next thing - it crashes on the truck - continues to be an event that was not caused by the truck driver, but by the malfunctioning garage door.
Finally, the truck driver takes evasive action to avoid additional damage and even injury. That's what he should do. The fact that the garage door has fallen on his truck because of a malfunction and has somehow tangled with the truck, is not the driver's fault.
Auto liability property damage? No. That implies the truck driver is at fault. In this scenario he is not.
Hope this helps.
Happy 4th!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
