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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1506
Experience:  Attorney-at-Law
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I hit a very lage pothole in a local shopping mall. It took

Customer Question

I hit a very lage pothole in a local shopping mall. It took many visits to several mechanicsbefore Sears diagnosed as broken left frame on my 1998 Toyota Tacoma SR5 truck. In the meantime I made a claim with Mall management who reported to their insurance company. I know becausel Of cc. This happened in April and was finally offered a settlement in June/July. I had taken the truck to a Frame and alignment specialist for repairs out of pocket. I also had new shocks dome because of the incident. I have not yet accepted their offer because I asked for reasonable $ amount to cover the inconvenience of not having the use of my truck. They said that I should have reported to my insurance company who had nothing to do with the incident. I even spoke to the Supervisor with no success. I have no receipts for rental costs but did use Über a few times. WOW! Finally, my question is, do I have any legal recourse? Thank you in advance.
Submitted: 11 months ago.
Category: Legal
Expert:  Thelawman2 replied 11 months ago.

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).

Expert:  Thelawman2 replied 11 months ago.

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