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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4198
Experience:  Founder/Member at Food Business Association
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I was at a Hardys drive through and was asked to pull

Customer Question

I was at a Hardys drive through and was asked to pull forward to wait for my food, and as I pulled forward a gutter drain pipe that was a PVC pipe that was U bolted to and covered by a flat piece of steel flipped up and hit the side of my truck, damaging my front drivers side fender. The pipe was supposed to be fastened to an elbow at the ground level but had come free, allowing the whole assembly to slide forward through an opening in the curb into the parking lot. When my tire hit it the curb acted like a fulcrum and flipped it into my truck. I went inside and had the manager come out and make a report and he said they would be in touch. He also took pictures as did I also. There insurance company called a week and a half later and said due to there being no witnesses and no cameras, that it didn't happen as far as they were concerned and to turn it in to my insurance. Now I am mad as hell and feel like I have been screwed. Is there anything I can do for this legally.
Submitted: 6 months ago.
Category: Legal
Expert:  Kim Courtney replied 6 months ago.
Hi, I am happy to assist. Yes! You need to write a letter to the Hardy's legal department and request a copy of their insurance policy. You will also write a letter to the insurance company filing a claim with them. They can't deny a claim over the phone! They must accept your written claim and then issue a written denial. If you do file a claim with your insurance, what they will likely do is get in touch with the Hardys insurance company and try to get them to pay. If not, you could end up bringing them to court to get them to pay. Small claims court may work if it is a small amount and then you don't even need a lawyer. But if you work with your insurance company, they will send a lawyer to assist. I hope this helpsKim

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