Auto Insurance Claims: Parking Lot Damage, side skirt, indentation


Question
The lower side skirt beneath my passenger door was deeply scratched when I went to park my car in a restuarant parking lot.  This happened when I went to park next to an island in the lot and there was a rock resting on the side of the island that I did not see because of the angle that I entered the spot.  When I went to pull up on the space, it hit the rock and continued to scratch along the side of my car.

This rock was big enough that it couldn't have been blown over and clearly did not belong there since there was a indentation in the island of where it was.  The lot did not have any signs they are liable for damages inside the lot.  Is the restuarant liable for the damage caused to my car because of the rock?

Answer
Hi J,

Although I am Not an attorney, I would say that the restaurant is not liable. You would have to be able to prove that the restaurant knew that the rock was there, that it had previously done damage and that they still failed to remove the rock.  I'm sorry but I just don't see them as liable.

I hope this helps
Richard Hixenbaugh