QUESTION

rentral truck hit a height restrictor in IKEA

Asked on Jul 20th, 2016 on Trucking Accidents - New York
More details to this question:
drove a rental truck into the parking lot of IKEA North York, hit the height restrictor bar and damaged the box of the cube truck. IKEA is in the process of assessing the slight damage to the steel metal bar by a structural engineer to quote repair cost, i'm afraid this could be huge $$$$ if they pass the bill to me. 1/ would my personal auto insurance cover this as 3rd party liability claim? (i did purchase CDW insurance for the rental as well) 2/ can i blame IKEA that the bar damaged my truck due to unclear sign or caution? what if i was severely injured from this impact?
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1 ANSWER

Personal Injury Attorney serving New York, NY at Barasch & McGarry
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First and foremost, it is important to check the terms of the insurance you purchased with the truck rental, as well as your own motor vehicle policy, to see if you'd be covered for this event. I suspect that you'll be provided coverage to some extent. But without seeing the policies, I cannot advise. If there is coverage afforded to you, you must notify the insurance companies about the incident immediately. Also, if you receive any correspondence or lawsuit papers from IKEA or its representatives, you must forward that paperwork to the insurance companies so that a claims representative and/or lawyer can be assigned on your behalf. Regarding your second question, if IKEA brings a claim against you or sues you, one of your defenses can be that there was a lack of adequate warning about the height restrictor bar. This may not let you off the hook entirely but may serve to reduce your liability to the extent IKEA was comparatively negligent. I hope this helps.
Answered on Jul 21st, 2016 at 10:14 AM

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