by daystar » Sat Aug 02, 2008 09:57 pm
I have a situation where a customer parked in a space at a restaurant and upon leaving and backing out the front bumper caught on rebar protruding out of the concrete stopper. The claimant did not see the rebar nor sense anything when he pulled into the space to park.
The front bumper was damaged when he backed up. The restaurant manager claims she does regular sweeps of the parking lot and never noticed the rebar problem or had any prior claims or notice of the problem.
The carrier is denying liabiilty based on the fact that they did not have prior knowledge of the problem and therefore cannot accept liability for something they knew nothing about. The claimant took photos of the concrete stopper showing the rebar and was also able to get a witness who works at the restaurant to view the concrete stopper after this occurred.
I understand the company's position and have recommend the claimant take this to small claims court. I am curious as to other avenues he may take other than small claims. I have done all I can to try and help the claimant but keep coming back to small claims.
Any thoughts?
Thank you.
The front bumper was damaged when he backed up. The restaurant manager claims she does regular sweeps of the parking lot and never noticed the rebar problem or had any prior claims or notice of the problem.
The carrier is denying liabiilty based on the fact that they did not have prior knowledge of the problem and therefore cannot accept liability for something they knew nothing about. The claimant took photos of the concrete stopper showing the rebar and was also able to get a witness who works at the restaurant to view the concrete stopper after this occurred.
I understand the company's position and have recommend the claimant take this to small claims court. I am curious as to other avenues he may take other than small claims. I have done all I can to try and help the claimant but keep coming back to small claims.
Any thoughts?
Thank you.
Posted: Sun Aug 03, 2008 08:32 pm Post Subject:
IMHO - the carrier would be 100% correct in this denial.
Your friend can file a complaint in court (suit) and once that verdict is rendered, it's legally binding against all parties (unless an appeal is possible, which I doubt it would be in this case). So after that, no further action is possible.
Posted: Sun Aug 03, 2008 08:45 pm Post Subject:
Thank you so much. I will refer him to small claims as damages are $1,000.00. I appreciate your response. :)
Posted: Mon Aug 04, 2008 06:15 am Post Subject:
Well, the insurer is right on his part, the concept of negligence isn't applicable here as the restaurant manager has denied being informed about the issue.
It seems that filing suit at the small claim court is the only available option to your customer. Also inform him that he may not require an attorney to file the case at the small case court.
~Jeremy
Posted: Mon Aug 04, 2008 11:31 am Post Subject:
[quote
IMHO - the carrier would be 100% correct in this denial. [/quote] I'm with you Todd, I'd have denied it too...if the driver didn't see it then why should the resturant have seen it? another avenue could be (if they are members) arbitration.
Posted: Wed Aug 06, 2008 06:55 pm Post Subject:
Wow, that happened to me. I just took as my fault and drove away.
system edited-link removed
Posted: Thu Aug 07, 2008 04:03 am Post Subject:
Thanks so much for your thoughts and opinions on this claim. The consumer will be in my office tomorrow and I will help him complete the documents for small claims.
I have gone from being an adjuster to an entirely different position which forces me to NOT think as an adjuster. It is difficult at times to "switch that mind set" and I really appreciate all of you helping me out.
ngreene66...happened to me also and I drove away...paid for my bumper...never occurred to me to file a claim against the carrier of the premises. I am not sure this consumer will win in small claims but he is adamant that it is the fault of the insured. Well, no matter what I have said or tried to explain, he just does not get it and that in itself is okay. He believes he is right and I see his side of it however I wonder if his filing a small claim is going to be more expense for him and perhaps not worth it. I'm not an attorney and I cannot tell him what to do. I can only give him options and small claims will, as said in another post, be the ultimate decision.
Thanks everyone...I am so grateful for your advise and help.
Thanks!!
daystar
Posted: Thu Aug 07, 2008 10:19 am Post Subject:
I too have had insured's or clmts that have a hard time seeing things...sometimes (many lately) we have to go way above and beyond...but it never really bothered me...nor do I think it does you....whatever it takes to help them out...poor guy though I'll be really surprised if he doesn't lose...
Posted: Sat Aug 09, 2008 07:42 pm Post Subject:
I agree Lori...I will be really surprised if he doesn't lose. He brought his laptop to my office Thursday and we viewed the pictures of the concrete stopper. Like you it does not bother me to help people out above and beyond but it does "irk" others in my office that I do so. That is their problem.
Thanks again...
Daystar
Posted: Sun Aug 10, 2008 09:43 am Post Subject:
That is their problem.
It certainly is, and shame on them! :evil:Posted: Wed Aug 20, 2008 02:27 pm Post Subject:
poor guy's going to lose .What a pity
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