by adawnbrown » Wed Sep 15, 2010 11:21 pm
in a store as i was coming out from grocery shopping after taking 2 steps outside the door i slipped on something and fell i have been in contact w/ the liability insurance company and the last phone call was as follows...after investigating we found that a minor had dropped the substance minutes before your fall there wasnt enough time to clean up the mess and the store was never informed of the spill...i sustained a sprained annkle and am still waiting to see an ortho dr that is weeks away .... what can i do?
Posted: Thu Sep 16, 2010 04:55 am Post Subject:
They may have Medical Payment coverage would could address your actual medical bills. This is offered regardless of liability.
What they are mentioning is constructive notice. In order to have liability one needs to be negligent. They also have to take _reasonable_ action to protect their customers. What they are arguing is that they never had constructive notice and they never had the opportunity to clean up the spill. That is, there is just no way they could have prevented your fall.
Your argument is what kind of system do they have in place to monitor spills like this? How do they know how the spill occurred? Did they know before you fell that someone dropped something? If so, why did they not have someone wait at the spill until they could put out signs and/or clean it up?
They have their defense and position on the matter... you have yours. The carrier should send a written denial if they are denying the claim. If you want to press the issue without and attorney, ask them the questions above. If they can't/won't provide the answers then speak to them about a settlement. If they won't settle or make an offer and you want to pursue the matter then you will probably need to obtain an attorney.
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