I went to my bank (a large national chain) to withdraw from the ATM on May 16, 2010 at 5.30 p.m. The parking lot had a big open hole in which I tripped and injured my right knee.
I reported the accident to the bank. The branch manager provided me a telephone number to contact their insurance adjuster. Now they are giving me a hard time and do not want to cooperate. What shall I do?
They are saying that since there is no witness they can’t help me. I want to file a case in small claims court. How can I claim damages? My total medical bills are $743. Please help.
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.
They are flat out wrong that the absence of witnesses means there is no liability. While having a witness certainly makes it easier to establish what happened, if there was a hazardous condition and you were injured, there is liability.
This is called a premises liability claim. Property owners are required to make reasonable inspections of property held open to the public and warn of hazardous conditions of which they become aware. It sounds as though there were no warnings of the hole in the parking lot.
What I would do is continue to assert your claim to the bank’s insurance company. Your damages are based upon your medical bills, so if they are in the range of $700-800, multiply that figure by 5 as a baseline starting point ($3,500-$4,000).
Do not worry about filing any lawsuits whether small claims or civil until you get a letter from the INSURANCE adjuster denying your claim. Check the statute of limitations for your state as well, which is more than likely 2 or 3 years.
Learn more here: Injuries in Parking Lots or Garages
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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