If a light pole fell on top of my car while I was driving and now my doctor wants me to get an MRI, who pays it?
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If a light pole fell on top of my car while I was driving and now my doctor wants me to get an MRI, who pays it?
How do I get the company to pay for a new car and injuries? What is process where do I go from here?
Asked on September 9, 2014 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can ask the utility company to pay for your injuries and losses (though note: in terms of a car, even if they are at fault and do pay, they will only pay the lesser of the cost to repair the car or the then-current value of the car--they will not necessarly pay for a new car).
If they refuse to pay voluntarily, you would have to sue them. To win the lawsuit, you would have to be able to prove--
1) That it is more likely than not that they were "at fault" in the pole falling, such as by not installing, maintaining, or repairing it properly--if it fell through no fault of theirs, such as due to unusually high winds or hitting it and knocking it onto your car, they would not be liable; and
2) The amount or extent of your injuries, medical costs, and property damage.
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