Posted: Sat Aug 02, 2008 9:57 pm Post subject: Liability
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.
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.
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.
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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. _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
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.
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... _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
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.
It certainly is, and shame on them! _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
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!!
I do too!!! unless one of the is actually parked! _________________ Have you been helped by a poster? Do you want to show your appreciation? YOU CAN !! Just simply click on the donate button and send them some coin!
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
