What to do if I own a car lot that is close to a busy road and a passing motorist jumped the curb and slammed into 2 cars on my lot and my freestanding pylon sign?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I own a car lot that is close to a busy road and a passing motorist jumped the curb and slammed into 2 cars on my lot and my freestanding pylon sign?
The sign was about 12 feet tall and had an illuminated cabinet. The sign company says that the whole thing needs replaced, but when I submitted the estimate to the motorist’s insurance company, they told me they would only pay for half. Are they obligated to pay the full amount to replace my sign? Also, since the sign is now blocking my lot, I’ve had to move all the cars to the rear lot (behind the building and not visible from the road) which has killed my business. Am I entitled to compensation for lost revenue?
Asked on January 16, 2013 under Accident Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the insured driver was at fault (that is, was driving negligently, or unreasonably carelessly) in damaging the sign, then he/she--and therefore, his/her insurer--would normally seem liable to pay the full cost to repair or replace the sign. However, if the driver or his/gher insurer will not voluntarily pay that much, you would need to sue to prove their liability in court and get a court judgment in your favor; it may well be the case that the additional time and cost of suing would outweight the additional money you hope to receive.
The driver and his/her insurer would most likely not be liable (financially responsible) for your lost revenue, since it would not have been reasonably foreseeable (predictable in advance) that knocking down a sign would cost a business significant revenue; a party is only responsible for foreseeable losses.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.