Research Pays in the End
Recently there was an auto accident in Santa Clarita between a pool service truck and a minivan, just as he was driving away from the home where he had serviced the pool. Now, accidents happen every day but this caused a series of unfortunate events.
First there was the crash. It turns out that it was the pool man’s fault and this pool man not only did not have auto insurance but was an undocumented worker who had been servicing pools for a pool service company for over 10 years. The owner of the minivan, wanting to recover money for the damages caused by the fault of the pool man and due to the pool man not having auto insurance, sued the liability insurance company where the owner of the pool service company had a policy.
The liability insurance company denied the claim on the grounds that they would not pay a claim for an uninsured, undocumented employee. So, the minivan owner sued the homeowner of the pool that the pool man had serviced just before the crash. This poor homeowner paid their $5,000 homeowners insurance deductible and their home insurance company lawyered up and fought in court. It turns out, if a homeowner hires a pool company where the owner has the legal right to work but the pool company uses undocumented employees, the homeowner is considered the employer of the pool man and is liable for this employee’s negligence. The homeowner lost in court and their insurance company denied the claim.
Here is the end result. The minivan owner, after much hassle, was paid her damages. The homeowner of the pool that was serviced had to pay their $5,000 home insurance deductible but still owes a yet-to-be determined amount.
If you hire a pool service company you should ask to see their auto insurance, contractor’s license, liability insurance, background check, workers compensation, and LA County Health Department License. You know, things that a professional company will have. That cheap pool service will not look so cheap in the long run.
For more information, call 661-263-7503 or visit www.poolsbyben.com.
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