In March, Ontario couple David Crory and Neil Thompson were out of the house and expecting a parcel from Amazon to be delivered. However, when they came home, they got a lot more than just a package.
Crory and Thompson told CTV News that they returned to massive ruts in their recently renovated lawn. The delivery driver appeared to have missed their driveway and got stuck in their front lawn — they eventually had to be towed out.
“When we pulled into the driveway, it looked like there had been a monster truck rally on our property. We had an Amazon delivery gone wrong,” Crory said. “It starts at the beginning of the driveway and goes for 100 feet, and it’s from eight to 12 feet wide.”
In a statement to CTV News, a spokesperson from Amazon Canada noted that the delivery driver was neither an Amazon employee nor an independent contractor. Instead, they are a “delivery associate employed by a Delivery Service Partner.”
“We’ve apologized to the customer for this experience, and the driver’s employer is working directly with them to resolve the matter.”
The spokesperson confirmed that any reimbursements to the customers based on the damage are handled through an independent assessment process, led by a professional appraiser.
Crory and Thompson are currently dealing with an insurance company out of New Jersey to get the repairs completed and have received two estimates; the lowest being $3,900. The insurance company so far is only willing to offer $1,200 for a repair.
“I think the goal is they want customers to sit back and accept what they are giving us, and it’s just not right. We want Amazon to pay the full price,” Thompson told the news outlet.
What homeowners can do if their property is damaged
Dealing with damages to your property, especially when a third-party is involved, can be very complicated. That said, homeowners do have multiple options when seeking compensation.
The most intuitive way is to directly reach out to the offending party with evidence of the issue. A resolution for this can be simple if the individual who caused the damage chooses to pay for repairs.
For cases involving a delivery driver like Crory’s and Thompson’s issue, there are more variables at play. In Canada, businesses that deliver goods are required to carry commercial auto insurance, which includes coverage for third-party liability claims. Third-party liability coverage protects a business if it is at fault for an accident. In cases where a customer shows that the business was at fault for damages, the insurer will step in to deal with the claim.
However, this is where friction begins to form.
Property owners may get multiple quotes from contractors as evidence for how much they should be paid for the damages. But an insurance company is not required to take those quotes at face value — the insurer is responsible for determining the amount of loss to settle a damage claim under its policy. Conflict can quickly build when an insurer has a vastly different view of the loss the homeowner suffered versus what the property owner believes they are owed.
In cases where the delivery company’s insurer and the property owner are deadlocked, getting a lawyer involved can be an option to find common ground. That does not necessarily mean entering into a lawsuit, as a lawyer may send a demand letter or negotiate with the insurer to find a resolution. But this can get very expensive quickly.
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What about home insurance?
If a homeowner is in a stalemate with an insurer about a property damage claim, there is another option on the table aside from a lawsuit: home insurance.
Home insurance generally covers damages to property including accidental damage, but it isn’t always a clear-cut option. While homeowners will be dealing with their insurance company rather than another party’s, they may not share the same view of the damages to your property — or deny your claim outright. Homeowners are still at the mercy of an insurance company without legal assistance.
From another angle, making a claim can increase policy premiums in the future or upon renewal. And in some cases, the deductible the insured is required to pay can be more than the cost of the repairs. In fact, a BC resident ran into this exact issue when a delivery driver damaged her fence and she made a claim through her home insurance. The deductible was nearly double the cost of the repairs, so her insurance claim was a non-starter.
How homeowners can respond to property damage
Whether it’s damage from a delivery gone wrong or even accidental destruction from a neighbour, dealing with property damage can be overwhelming. Here are some simple tips you can take if you face a situation similar to Crory’s and Thompson’s.
- Document issues immediately. Before anything is moved or repaired, document the full extent of the damage. Take information on the person who caused the damage and their insurance information. These details will be used to support a potential insurance claim, so gather as much information as possible.
- Contact the responsible party quickly. The sooner you can start negotiations with the party that damaged your property, the better. Make sure to bring evidence of the issue forward. If negotiations don’t bear any fruit, you’ll start to deal with their insurance company.
- Obtain multiple quotes. Rather than getting a single quote to repair the damages, seek out multiple contractors to provide an estimate. You may be able to use these estimates as evidence of the amount of your loss with an insurance company.
- Be prepared to negotiate. If you receive an offer to compensate you for the damages you aren’t happy with, you can negotiate with the insurer. Don’t think you have to take the first offer on the table.
- Get additional help. Regardless of the stage of the claims process, property damage issues can be very complex. Getting the help of a legal professional or insurance expert can be invaluable for both your compensation offer and your well-being.
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Brett Surbey is a corporate paralegal with KMSC Law LLP and freelance writer who has written for Yahoo Finance Canada, Success Magazine, Publishers Weekly, U.S. News & World Report, Forbes Advisor and multiple academic journals. He and his family live in northern Alberta, Canada.
