[LA] [LA] Can I file a claim after hitting a parked forklift?

Hi there and welcome to AskaLawyer. My name is Brandon, and I’m an attorney. I’d be happy to help you today. Please note that this discussion is for guidance only and does not create an attorney-client relationship. My answers should not be considered legal advice. Also, I’m human — I may need to research your question to give you the most accurate response. I work with other customers as well, so please be patient while waiting for a reply. If more than 30 minutes have passed, feel free to reach out.

Where did the accident occur?

1. Liability: Who’s at fault?
From what you’ve said, the forklift was parked approximately 1.5 feet from the road — possibly close enough to create a safety hazard, especially if it wasn’t properly marked, lit, or barricaded. That could point to negligence by United Rentals or the company operating the site, particularly if:

• There were no cones, signs, or warnings around the parked equipment.
• It obstructed visibility or was close to a curve or entrance.
• It was parked on or near a public road without proper safety precautions.

Even if no one witnessed the crash itself, the forklift’s position and lack of warnings could show that another party created a dangerous situation.

You’ll want to consider gathering:

• Photos of the scene.
• The police report.
• Tow records, damage estimates, or repair notes.
• Any available camera footage from your truck or nearby facilities.

2. Damages: What have you lost?
You’ve already lost over $20,000 in income and incurred repair costs. Those losses can support a strong claim for economic damages, including:

• Lost income.
• Cost of repairs or deductible.
• Tow or rental vehicle costs.
• Any medical bills, if applicable.

Keep all documentation — receipts, repair estimates, and communication records.

3. Whose property was it?
Since the forklift belonged to United Rentals and was parked outside Air Liquide, the key question is who had control over it at the time. Possible responsible parties could include:

• United Rentals, if they parked or abandoned it.
• Air Liquide, if they allowed unsafe storage on their site.
• A third-party contractor, if someone else operated or left it there.

4. Insurance:
If your own insurance has already handled part of the claim, they may pursue subrogation (reimbursement from the responsible party). If not, you can still send a formal claim letter to the other party’s insurer or directly to United Rentals or Air Liquide once you confirm responsibility.

5. Next Steps:
Gather Evidence

• Photos or videos of the scene.
• Police report.
• Tow and repair invoices.
• Income documentation showing typical earnings.

Identify Responsible Parties

• Contact United Rentals and Air Liquide to determine who controlled the forklift.
• Ask about any available surveillance footage.

File a Claim or Send a Notice

• Notify your insurance carrier.
• Send a formal claim letter to United Rentals and/or Air Liquide requesting insurance details and reimbursement.

That’s excellent — you already have strong evidence.

What You Have Going for You:

• Photos: Show how close the forklift was to the road and lack of safety markings.
• Truck cam footage: This is your strongest evidence showing negligence.
• Police report: Adds credibility and details.
• Repair estimate and tow records: Help quantify damages.

Together, this builds a strong argument that the party who rented or owned the forklift created a hazardous condition by leaving it near the roadway without warnings.

The Main Challenge: Identifying Who’s Responsible
Since no one knows who rented the forklift, the first step is to trigger an investigation.

Start Here:

1. Send a letter to United Rentals
Even if they didn’t rent it to Air Liquide, they likely own the equipment. Ask:

• Who rented it at that location.
• Whether there was a contract for delivery or pickup near the site.
• Whether they recorded it as parked or abandoned.

Sample Letter:

Subject: Request for Rental Information – Incident on Hwy 30, Geismar, LA

Dear United Rentals Claims Department,

I’m contacting you regarding an accident involving a forklift bearing United Rentals markings, parked near 36597 E Hwy 30, Geismar, LA. The equipment was approximately 1.5 feet from the road with no barricades or safety markings.

I was involved in a collision with this forklift on [insert date] and sustained significant damages. Please advise who rented or controlled the unit at that time. I have photos, a police report, and dashcam footage available.

Sincerely,
[Your Full Name]
[Your Contact Information]
[Your Company Name, if applicable]

2. Reach out to Air Liquide:
Ask if they permitted or were aware of the forklift being stored on-site and whether any contractors were working nearby.

3. Follow up with the police:
Ask if they recorded any identifying information such as a serial number or rental ID.

What You Can Claim:

• Lost income (the $20,000+).
• Repair costs.
• Tow and rental/substitute vehicle expenses.
• Potential emotional distress or hardship (if litigation becomes necessary).

If you cannot get cooperation or results from your insurance company, consider filing a small claims case depending on Louisiana’s monetary limits.

Did you understand my answer, and did it address your concerns?

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