Is the service station liable for damage to my truck.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 5, 2014

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Insurance Question from Decatur, GA

Asked on 02/05/2014

Is the service station liable for damage to my truck. I pulled into service station and slid into the barrier doing damage to the front of my truck. The company had no sand salt or signs available. I only have liability insurance.

Answer given on February 12, 2014

If there was a weather issue where it was obvious that there was ice in the area, there is little liability exposure for the gas station.You had driven in the area, aware of the weather, which included ice & snow. It is not a reasonable expectation that the gas station would be able to control the weather and its results in having ice and snow in the vicinity. You should have taken more care in driving in the area and on the gas station platform, knowing the weather conditions. It is unlikely that the gas station would have access to signs to warn drivers of obvious weather conditions.Of course, you can file a claim with the insurance company for the gas station, but if they deny coverage, you would have to prove negligence on the gas station to get damage to your truck covered. Without their negligence, there is no insurance coverage.

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