Auto Insurance Claims: Property Damage Claim, risk management department, digital slr camera

Question
My husband and I went to dinner at a restaurant in Commerce, GA on July 1, 2007. We parked our 2006 Honda Civic in the restaurant parking lot and went in to have dinner. It began to rain during the course of our meal. Approximately. one hour later, we come out of the restaurant to find our car submerged up to the hood in water from the heavy rain. My insurance filed it under "Act of God" and wants to repair the vehicle. My insurance will not pay any diminished value for the vehicle and will not cover the personal property that was destroyed in the vehicle (Nikon D-50 digital SLR camera.) I called the restaurant and was handed over to their Risk Management Department. The restaurant claims no liability for any damages but offered to pay my insurance deductible. Two of the restaurant's long term employees told me that this happens an average of 2-3 times per year. The restaurant has still made no effort to warn their customers that this area of their parking lot floods during heavy rains. I hired an appraiser for a diminished value report. The repairs on the vehicle will continue over the next couple of weeks and possibly longer due to the nature of the damage.

Once all the totals are in, do I have a valid claim against  the restaurant to pay for all damages (repairs, camera, diminished value, rental car)or do I fight my insurance to try and get them to pay for all of it?

Thank you for your help.
Carmen

Answer
Hi Carmen,

Auto insurance does not cover personal items in your vehicle. You would need to make a claim against your homeowners insurance for that. As far as the restaurant being liable, you would likely need to hire an attorney for that and file a law suit. You would need to be able to get those employees to testify against there employer that this was an ongoing problem that the restaurant was aware of. Then you would have a negligence claim against the restaurant.

As far as your diminished value, you will be entitled to be paid for diminsihed value despite what the insurance company says. I am actually the appraiser that you hired for this aspect of your claim. if you have further questions, please feel free to call our office.

I hope this helps
Richard Hixenbaugh