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: Tue Aug 26, 2008 03:27 am Post Subject:
I am trying to keep up hope for him. The whole thing is a real shame. I had another similar claim but this time in a bank parking lot. Told the guy that he was batting zero and to just move on. I hate parking lot claims!!
Posted: Tue Aug 26, 2008 09:56 am Post Subject:
I hate parking lot claims!!
I do too!!! unless one of the is actually parked!Posted: Wed Aug 27, 2008 04:05 am Post Subject:
lol...me to Lori...if one vehicle is actually parked that sure makes a world of difference.
Thank you...I needed someone to make me smile tonight. :)
Gracias!
Lizzie
Posted: Wed Aug 27, 2008 05:02 am Post Subject:
Hi Lori..its just to get clarified to my own conscience..
When you're saying that the possibilities that the restaurant would have marked it are negligible when the driver didn't notice it..aren't you seeing any chance that the restaurant could have actually spotted it n now denying it?
I'm asking this since the restaurant is based around that parking space (& hence there was every possibility they would have spotted it..)..while the visitor could even be a first-timer!
Would be glad is you'd explain the parameters to add to my knowledge :)
Regards, ArindamSenIndies
Posted: Wed Aug 27, 2008 09:36 am Post Subject:
ArindamSenIndies, no very doubtful..it was there when the insured pullled in right? no one came out and put it there while he was inside eating...he should've seen it when he pulled in.
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