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Hello, my name is ***** ***** I will be helping you today. Owners of property have an obligation to maintain the property to prevent damage to visitors. As a result, the owner of the parking lot had an obligation to either fix the pothole or clearly mark it so that drivers would avoid it.
There is no obligation to report it to your own insurance company. You could have reported to your own insurance company, and if they covered, they probably would have sued the shopping mall to recover what they had to pay you. This would have helped you avoid the headache of going through the courts. But you can still pursue a claim yourself without involving your insurance company.
You are going to have to demonstrate that the damage to your truck is caused by the pothole. But it will be easier for you since you have communications which basically suggest that the shopping mall knew the damage was their fault since they sent the claim to their insurance company.
You should consider bringing the case in small claims court to avoid the complications of involving the legal process (small claims court is a lot easier to manage without a lawyer).
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