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A gate struck my truck at a hospital and it is not not drivable

and after 4 weeks they...
A gate struck my truck at a hospital and it is not not drivable and after 4 weeks they finally referred it to there insurance company. They have offered to pay 1/3 of the cost of the truck and they will send out there claims appraiser to access the damage. I feel this is not fair and they should cover the whole cost but I don't know how to move forward? Should I let them come out am look at the truck, or hold the off until I get in touch with a lawyer? I have been fighting with the risk management department for 3 weeks and I just would like to get my truck fixed.
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Answered in 1 minute by:
6/11/2013
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

How did the gate hit your truck, was it broken or was there some negligence by the owner that led to it hitting your vehicle?

I look forward to assisting you as soon as I have received this information. Thank you.

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Customer reply replied 4 years ago

The gate is in a driveway leading off of the campus. The gate was not secured and the wind blew it into my truck. The gate is supposed to be locked on the post but it wasn't. What the company is claiming is that it is my fault because it has never happen before and I should have stopped instead of trying to miss the gate. They have agreed to pay 1/3 but I have had a lot of hardships because this is my only transporation. Also due to the length of this fight the city towed my truck because it was not moved to a different spot on the street and that was a cost of 200 dollars that they are not willing to pay. I would just like to get my truck fixed but 1/3 is not fair and they should pay for all of it.

Hello again, Roy, and thank you for providing this additional information.

I agree that under these circumstances the hospital should pay the entire cost of your repairs since the gate should have been secured and if it had been, your vehicle should not have been damaged.

Given that they are refusing to cover the damages though, it would be best to retain a local attorney to communicate a demand to them or a lawsuit will follow for the damages you have sustained as a result of their apparently negligence. You would not need a large firm to handle this type of matter, but a sole practitioner should be fine, one that handles general civil cases.

I would wait until you have retained an attorney before scheduling a time for their adjuster to view your vehicle. Because they have taken an adversarial stance in this, the adjuster may be looking for ways to avoid paying damages as well, so your attorney will want to review the facts of your case and determine how best to protect your interests. Taking photos of the damage yourself would typically be a good start though.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33,167
Experience: JD, BBA Over 25 years legal and business experience.
Verified
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Customer reply replied 4 years ago

Do you have any recommendations on finding a lawyer to look at this case?

Hello again, Roy.

The site does not permit us to provide specific referrals, but the state and local bar associations can usually provide referrals for you. Here is a link to the state's referral service:

http://www.mobar.org/lrs/clients.htm

There are also referral services in KC and St. Louis depending on where you are located.
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Tina
Tina
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Category: Legal
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