Auto body repair & detailing: Car accident- who is liable, proper medical attention, dodge durango

Question
I have a cleaning company and this past week I was cleaning a property that I have cleaned for the past 6 years. His driveway is almost straight up and down. Me and the lady that was working for me that day got into my vehicle which is a Dodge Durango 4x4 to drive to the topof his driveway and clean his bunk house, we had already cleaned his main house which is at the bottom of this driveway anyways we got into the vehicle and started torward the top. We got about 3/4 up the driveway and my tires began to spin, I could not get any traction because of all the leaves covering the driveway that were also wet. We slid backwards and we smashed into a tree. He had not taken care of this driveway at all so far this season. I have been in contact with his homeowners insurace and they are saying that I should have adequate insurance and are asking why I feel that he is at fault. I did not know that there was moss growing all under these leaves or that I would have any problems getting up his driveway or I wouldnt have gone down. Am I right? Isnt he at fault. This accident not only has damaged my vehicle with and estimate at 2700.00 but I have whiplash and I sprained my back. The real-estate company who also rents this property for him cancelled his upcoming rentals for the danger of this driveway. I dont know what I should do. I have only liability insurance and bottom line it wasnt my fault. Its not my job to clean his driveway. Dosant a persons homeowners insurace cover these types of things. Thank you so much for listening and thank you for whatever help or information you can give me. Thank you. Melissa

Answer
Hi Melissa!....I am very sorry to hear about your accident....I hope you received the proper medical attention, and are on your way to a full recovery...Although insurance settlements are not my area of expertise, this is what I do know....As far as liability is concerned, at least here in Canada, yes, it is up to the home owner to make sure that sidewalks, driveways, and any access to their property is cleared of any debris....Rented, or otherwise....Be it snow, ice, leaves, mud, etc....I have seen cases here, in which the homeowner was actually sued for damages and injury....Unfortunatly, it seems to come down to money....Insurance companies will try their best to get out of paying anyone....There are in the buisness of making money, and do not truly care about their clients well being, or property, despite all of the commercials that they try and convince people of...." Pass the buck "....I have seen this time and time again in the Collision industry...Unfortunatly, it sounds like you found this out when you tried to contact his home owners insurance company....My advice to you, is to contact your insurance agent, and ask them what is actually covered under your policy....As I know there is a commercial policy available that will cover accidents such as this...If you don't get any satisfaction, then you can contact their head office....Another option, is to talk to a lawyer...From my experience, most lawyers will give you the first consultation free....I hope I have helped you out, or at least given you some direction as to where to turn....If you have any more questions, please do not hesitate to write me back....Take care....Dave