Visitor Question

Suing Parking Lot Owners for Accident Repairs?

Submitted By: Anonymous (USA)

I was just in a car accident in a commercial parking lot. The area where the accident happened is a blind corner for both the individuals exiting and entering the parking lot. The individual who hit me was entering the parking lot from the street and I was turning to exit the parking lot.

He came at me so fast that he hit the rear passenger tire and quarter panel of my car with the drivers side bumper of his truck. I would like to know if I can sue the owners of the business plaza for the repairs to my car since it is clearly a hazardous corner? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You can sue anyone, at anytime, for just about anything. The question though, is do you HAVE to file a lawsuit against the owner or manager of the business plaza to be compensated for your damages? The answer is… maybe not.

Contact the owners, management company, or both for the business plaza. Normally the name of the management or ownership, and sometimes both is located in a conspicuous place in the front of the building, usually by the entrance. If you can’t find it there go online and check the tax rolls for the business address.

Send them a certified letter explaining what happened and why you feel the “ingress” and “egress” from their property is hazardous. So hazardous so as to have caused an accident in which your vehicle suffered substantial property damage.

Tell then the amount of compensation necessary to repair your vehicle. If you had to rent a car while yours was in the shop, then add that amount as well. You can suggest, not threaten, legal action if they don’t have someone in authority contact you to make arrangements to pay.

If after about two weeks you don’t receive a response then you can consider filing a lawsuit. Depending upon the amount of damages you can possibly file your lawsuit in Small Claims Court. Check with your local Small Claims Court to inquire about their maximum limits.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 25, 2012

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