1 car accident on business property

[ogden160]

What is the name of your state? Florida
Two months ago my car was damaged on a buisnesses property. As I was driving through the parking lot, the front drivers side of my car fell into a storm drain. Because it was night time out i could not see that someone had removed the grate that would normaly cover it. Needless to say, my car has $1,300.00 of damage. The owner of the establishment was witness to it and said he would take care of whatever damage was done.
The owner sent the estimate to his insurance company and after 6 long weeks and many phone calls, they decided his policy does not cover it.
What is the best thing to do now?
I know several excelent lawyers, should i sue him for the damages?
No, i did not file with my ins. co.(yes i have ins., lots of it). Being 24 i do not want my ins. rates to go up if there is an issue with him paying out.

I just want my car fixed.

 

[JETX]

You're not going to like this but....
Unless you can show that the business owner was aware (or should have been aware) of the missing drain cover, he has no liability to you. He is not responsible unless you can show that he was negligent in the drain cover.
Contact your insurance company or consult with one of your "several excelent lawyers".

 

[ogden160]

i see what you are saying.
If this is a business that is soliciting people to come in, doesn't he have the responsibility to maintain a safe environment for his patrons?
One lawyer i spoke with breifly, though that the drains should have been secured or locked so that this type of thing did not happen. I just wanted to see what some other people thought.
It was at a bar and no doubt some drunkard though it would be funny to remove it. The drain was in the middle of the parking lot. Thank God no one fell in it.

 

[JETX]

"If this is a business that is soliciting people to come in,"
*** Are you saying that he was standing out on the street with a 'sandwich-board' telling people to "Come on into my parking lot'. I have a suprise for you!!". Of course not.

"doesn't he have the responsibility to maintain a safe environment for his patrons?"
*** Yes, but he also doesn't have a responsiblity to post guards in the parking lot to make sure that all hazards are removed. You however, do have an obligation to watch where you are driving.

 

[ogden160]

"By soliciting" I meant that they had a sign out front advertising the business and inviting people in. I wansn't driving it the parking lot illegaly. Versus a place that may have gates out front, no trespassing signs or a closed sign.

Thank you for your advice. You bring up an interesting point that i never thought about. Hopefuly he will pay for it, if not... i will have to contact a lawyer.
Either way, I appreciate your time.