Auto Insurance Claims: Accident liability, iron pole, head lamp

Question
Dear Sir,

Question: Is the gas station liable for vehicle damages?

Accident details: I had an accident at a gas station while i went there to fill gas  in my van. In this accident no one was injured and no other car was involved.

Due to excessive ice I slid into the iron hop which is usually there beside the gas pump (white colored pole, which is hoop shaped). The accident occurred as I was driving at less than 10 mph and turning to come along side the gas pump.  I immediately notify the manager on shift who immediately had an employee put down some ice melt.  I also filled out a gas station accident report (assumed it was fax to the main office).

Having a camera in the vehicle I immediately took several pictures of the iron pole, the excessive ice, the damage to my vehicle, and the gas station employee putting down ice melt after the accident.

The damage to my vehicle has been estimated at about $1,000.  I received a written estimate from local repair shop.  The damages are to the driver side front plastic bumper cover, head lamp, horn, etc.

After communicating this with a representative from the main office I was told they are not responsible and I should just file a claim with my auto insurance.  I'd like to minimize any out-of-pocket cost with deductibles, etc.



I would be really grateful to you, if you please suggest me the steps that I can take to tackle this issue.

Thank you in advance for your assistance.
If you need more information please inform me.

Thank you.
Regards,

John

Answer
John,

Generally, a business owner has a duty to maintain the premises in reasonably safe condition. They do not have a duty to protect against every potential calamity but only those what can reasonably be avoided upon reasonable inspection of the premises.

Their liability will likely depend on how long the ice was there; what their procedures are for putting down salt or ice melt (not required to do it every minute only at reasonable intervals) or otherwise inspecting the common areas of the premises; what was the temperature and how long had it been that cold (if it was freezing for days ice melt likely would not have resolved the problem anyway); etc..

You can ask them for the contact number for risk management and plead your case in a letter to them along with the estimate and see what they say. If they reject the claim you can try and sue in small claims court or present it to your insurance company at that time.

Best of Luck.

Marc B. Nussbaum, Esquire