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  1. #1
    Join Date
    Feb 2013
    Posts
    18

    Default Customer Injured Falling on a Step

    My question involves an injury that occurred in the state of: Indiana

    I owned a restaurant that closed near the end of 2012. While the business was still in operation, if I recall correctly, sometime in 2011, a customer fell on a single step down, and broke a few bones in her leg, which she had just stepped up on to minutes before so she was quite aware that the step was there. There were also "Watch your step" signs. At the time it happened, I called my insurance agent, just to let them know what had happened, they told me to let them know if anything came of it. Several weeks later, I get a call from the local hospital. They ask if I was the responsible party for her bill. I gave them the name and number of my insurance company. The insurance company hired a third party investigator that came to my business and did an investigation. Looked over the area, took pictures and took my statement. A few days later he filed a report with my insurance company stating that there was no negligence on my part and I was not at fault for her injuries. I thought case closed. On top of that my insurance company offered her $5,000 as a good faith thing. (Not sure what this was actually called.) Months later I received a letter from a lawyer that she had retained stating that they intended on filing suit for her injuries. I gave the letter to my insurance company, they said they would take care of it, that that's what I pay them for. Once again, I thought, Case Closed.

    Today I find that a civil tort case was filed on 11/25/2013 against me.

    Two questions:
    1. Does she even have a case against me considering I wasn't even found at fault?

    2. Will the insurance company still represent me considering I am no longer a client, but the accident did happen while my policy was still in effect?

    Thank you in advance for your help!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Does My Former Customer Have a Case Against Me

    Two questions:
    1. Does she even have a case against me considering I wasn't even found at fault?
    who found you not at fault? If you mean the insurance company, that is merely their determination. It is not legally binding. Only a court can determine fault.


    2. Will the insurance company still represent me considering I am no longer a client, but the accident did happen while my policy was still in effect?
    they should

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Does My Former Customer Have a Case Against Me

    Immediately contact the insurance company. You are insured for occurrences during the period for which you had a valid policy in force. You do have to give them timely notice.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Customer Injured Falling on a Step

    Quote Quoting Cameron1020
    View Post
    1. Does she even have a case against me considering I wasn't even found at fault?
    That is up to the court to determine.

    Quote Quoting Cameron1020
    View Post
    2. Will the insurance company still represent me considering I am no longer a client, but the accident did happen while my policy was still in effect?
    Yes, call them tomorrow and notify them, also read over your contract carefully they may have certain requirements for notice you may need to mail them something.

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