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  #1  
Old 02-12-2007, 10:01 PM
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Unhappy

Customer breaks my door, claims I'm at fault


What is the name of your state? FL

I have an automotive performance shop. A customer was leaving the showroom and walked directly into the door. Pull, not push type of situation. Someow, his knee hits the glass door and cracks it, with the cracks spreading half of the entire door. It looks like someone hit a baseball into the glass door.

I ask him for his information and then he claims that his knee hurts. He says that "if we want to play that game, he wants my insurance company's information." He says that he's the customer so that means I'm liable and "if I went to his house and walked into his door, he'd be liable." I do not understand the logic in that argument. Just because you're on someone else's property it doesn't mean you can go break all of their property and it is their fault merely because of the location. I do not give him my insurance info.

Also, I have 3 witnesses who saw the entire thing and they were completely flabbergasted at A) how he managed to walk into a door with his knee and B) the fact that he claimed it was my fault. They also noticed that his pain appeared when I asked for his info and seemed to disappear when he was walking out.

The amount to repair the door is $225 and well below my deductible. I have a feeling that I will be paying for the new glass regardless but I was considering sending him a bill. What would be a proper course of action? Would I have any recourse if he did not pay the bill?

Thanks for any info!
  #2  
Old 02-12-2007, 11:53 PM
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Quote:
Originally Posted by CarGuy View Post

The amount to repair the door is $225 and well below my deductible. I have a feeling that I will be paying for the new glass regardless but I was considering sending him a bill. What would be a proper course of action? Would I have any recourse if he did not pay the bill?

Thanks for any info!
Get a couple of quotes. Then, have it repaired with the lowest bidder. Submit copies of the bids and the bill to your customer with a request to pay in a reasonable time (10 or 15 days should be fine). If you don't get paid, take him to small claims court.

Now...does your door have a sign for "pull" or "push" (as appropriate)?
  #3  
Old 02-13-2007, 12:03 AM
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It does say pull on it.
  #4  
Old 02-13-2007, 07:26 AM
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I think it's important to have his name so if he makes a claim to your insurance company, you know what it's about. I usually write out a note as close to the day of the incident as I can so I can remember all the details. In the end, I find it's better with something like this just to not go after my customers unless it would be a deliberate act. It sounds like it was just an accident and you need to chalk it up to the cost of doing business. Having customers angry with your business is usually not a good thing especially if they pass it on to their friends.
  #5  
Old 02-13-2007, 08:21 AM
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Originally Posted by CraigFL View Post
I usually write out a note as close to the day of the incident as I can so I can remember all the details.
always a good idea any time a customer claims injury or is injured, or anytime a customer or employee causes damage.
Quote:
Originally Posted by CraigFL View Post
Having customers angry with your business is usually not a good thing especially if they pass it on to their friends.
amen to that!

CarGuy- the customer is not entitled to know who your insurance provider is. if the customer asks for money, then you report it to your insurance company. it's not the customer's place to be contacting your insurance company; that's your responsibility.
  #6  
Old 02-13-2007, 10:16 AM
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Quote:
Originally Posted by CarGuy View Post
It does say pull on it.
You have to pull the door to open and get out.

Is the Fire Marshal aware of this death trap?
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  #7  
Old 02-14-2007, 09:15 AM
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Originally Posted by HappyHusband View Post
You have to pull the door to open and get out.

Is the Fire Marshal aware of this death trap?
A lot of businesses are like this. I always ASSumed that it had to do with giving the thief a hard time when he's just robbed your establishment!
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  #8  
Old 02-14-2007, 09:44 AM
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Originally Posted by longneck View Post

if the customer asks for money, then you report it to your insurance company...
No; the insurance company should be notified on the date the accident/injury occurs.

EC
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  #9  
Old 02-14-2007, 09:50 AM
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Originally Posted by ellencee View Post
No; the insurance company should be notified on the date the accident/injury occurs.

EC
I disagree. You don't need to notify them immediately. Sometimes, businesses have large deductibles (commercial insurance can have deductibles for liability, unlike personal insurance) and the claim will never get large enough to involve the insurance company. Also, you don't want to find yourself being cancelled before you've ever needed your insurance company's services, simply because you've notified them of too many small claims.
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  #10  
Old 02-14-2007, 09:53 AM
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Quote:
Originally Posted by CarGuy View Post
It does say pull on it.
And is this so important that you risk the goodwill of additional customers who, when finding out about the lawsuit, will not enter your establishment because they risk the exposure?

You are arguing over pennies. NOT a smart business decision.
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  #11  
Old 02-14-2007, 10:24 AM
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Originally Posted by moburkes View Post
I disagree. You don't need to notify them immediately. Sometimes, businesses have large deductibles (commercial insurance can have deductibles for liability, unlike personal insurance) and the claim will never get large enough to involve the insurance company. Also, you don't want to find yourself being cancelled before you've ever needed your insurance company's services, simply because you've notified them of too many small claims.
And your experience in risk management is what? none?
EC
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  #12  
Old 02-14-2007, 10:34 AM
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Originally Posted by ellencee View Post
And your experience in risk management is what? none?
EC
Besides being an insurance agent who sold lots of commercial policies, and an underwriter for a major insurance company, none.
Oh, and a trained insurance inspector.
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  #13  
Old 02-14-2007, 11:52 AM
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Originally Posted by moburkes View Post
Besides being an insurance agent who sold lots of commercial policies, and an underwriter for a major insurance company, none.
Oh, and a trained insurance inspector.
Exactly.
EC
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  #14  
Old 02-14-2007, 11:57 AM
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Originally Posted by ellencee View Post
Exactly.
EC
You'll have to clarify your point. I don't understand it. Not from a sales agent's point of view, not from an underwriters point of view, and not from an inspectors point of view. I have no idea what you mean.
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  #15  
Old 02-14-2007, 02:18 PM
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Originally Posted by ellencee View Post
And your experience in risk management is what? none?
EC

I think that most of us here will agree that Mo has more than shown her knowledge in the insurance/claims/etc. industry to be quite comprehensive. Perhaps YOU might share with us what YOUR experience in risk management might be, as you seem to stick to the bandaid and boo boo posts as a rule.
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