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Is my wheel and tire covered from running up on a curb by comp or collision?
by Joey
(Muscle Shoals, Al.)
I was driving through a Krispy Kreme drive thru which has high, sharply angled edges and a tight squeeze.
Also, a near 90 degree angle, and a retaining wall on the side opposite the store side. I caught the curb with my rear wheel which damaged my rim and took a chunk out of my tire. Is this comp or collision?
The damage is over $700 w/ our deductible being $250. My main concern is we just had a recent car v/s parking lot pole accident claim a few month ago.
I believe it was considered collision. Also, would I have any recourse against Krispy Kreme considering their lack of engineering skills for a proper drive thru?
Answer:
Hello Joey,
You collided with the curb. It's a collision.
Can they be liable. Well, they will probably argue they did not design or construct this place. They likely rent it.
Either way, this is a difficult claim (construction defect). You can make the argument, but the curb was there to be seen. It would be hard to win.
Good Luck,
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