Question
Hypothetical situation here;
Ok, say I accidently back into a light pole at a truckstop, knock it over onto their building. I'd have to pay for damages either out of my pocket or through my insurance (I'd still have to pay the deductable too).
Correct?
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Rolling into a truckstop;
Ok, say I hit a big pothole that was "hidden" because of darkness and heavy rain (potholes filled with water). Say the impact knocks my frontend out of adjustment and breaks a leaf spring.
Is the truckstop liable for damages to my truck?
This is just a purely hypothetical situation, nothing like this has happened.
I was just wondering because of the shape of some of these truckstop driveways and parking areas.
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Answer
IMHO, no. Most lots are posted the owner accepts no liability use at your own risk.
Ever stop at the truck stop in Loveland, CO on the east side of I-25? Before they filmed the movie there with Bill Murray and the elephant there were pot holes that would swallow a truck.
The movie brought in big bucks and the towing service and truck stop were spiffied up a bit.
Before the movie you could loose a fuel tank leaving the asphalt into the dirt parking lot or get stuck due to excessive frame twist.
So like I said IMHO, enter at your own risk.
John Q.
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51st Federalist Papers
"Nichols' Fourth Law says, "Avoid any action with an unacceptable outcome"
Answer
Hoss, this thread has been copied to the Insurance forum, be sure to check there for additional replies:
The Insurance forum
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Answer
You would be responsible to the damage done to the pole and the building. Your insurance contract does not permit you to settle claims on behalf of the insurance company. That means you must notify the company and let them settle damage to the pole and building.
As for damage to your vehicle, if it's less than your deductible, you would bear the burden. If not, turn it in to your insurance company and work with them on a settlement.
As for the poor conditions scenario, I'd have to say it's private property and you "chose" to enter. While the truck stop may not be responsible for the damage, should the damage exceed your deductible from running over a pothole, you may want to contact your insurance provider. Some insurance companies will consider that a "collision" loss and others "comprehensive" and I have actually seen these claims paid.