<p>One month and two days ago I had an alternator replaced on my vehicle at a local repair shop. They drove me to a local restaurant to have lunch while the repair was being done. Three hours later, they picked me up in my vehicle (van) and drove me back to the shop. They had the payment already through my credit card, so there was no reason for me to go inside. I walked around the front of the van to go to the drivers side, and fell into a pothole in their parking lot. I fell to the ground, and within 60 seconds my ankle was huge with a 2 inch bump on it. Of course I should have gone to the ER, but I am self employed with no insurance so I didn’t. I stupidly assumed that with care, ice, elevation and wrapping that it would heal itself. One month later, it is still swollen, I can’t walk “correctly,” I can only limp with my foot to the side. I have only been able to work minimally as my work is physical labor. I finally did call the auto shop 3 days ago to have them call their insurance company. I finally got a call back today, but due to the holiday, they can’t even meet with me till Tuesday. </p>
<p>What liability does the shop have for the injury due to their pothole? Foremost I need to have the medical attention, but considering I lost about 80% of my income for the last month, that reimbursement would be appreciated. </p>
<p>I have done business with this same company that has I believe 7 locations for many years. 2 days after the fall, I did get a call from them asking me how I was, and that the pothole and possible repaving of the entire parking lot was addressed at a meeting. How do I proceed, and do I have rights to at least the medical care that is needed?</p>
<p>I think the auto shop’s insurer will probably offer to pay you some amount for your medical expenses/loss of income. I’d hold off on the idea of hiring an attorney until you hear what they have to say. One sticking point may be the fact that you would likely have fared better if you had sought medical treatment promptly. The insurer may take the position that you share liability for your losses.</p>
<p>I am sorry this has happened to you. Even without insurance, had you gone to get treated, you would not have lost as much work time, which most likely would have been less expensive than lost wages. I am guessing you might have broken something; please go see a doctor.</p>
<p>I’m a little confused. Did you immediately report the injury to the auto shop or did you wait three weeks to do so? If you waited, how would you prove that this injury actually happened at their shop and not at some other location in the interim period of time between when you had the fall and when you actually called them about it?</p>
<p>I know that our health and car insurance requires reporting of accidents within 24 hours…not three weeks later. If we waited three weeks, our claim would be denied.</p>
<p>I hope you filed an accident report with the auto shop the day of the fall. This will help you. I do agree…waiting three weeks to seek medical care likely worsened the situation and the auto shop is unlikely to totally compensate you.</p>
<p>What did the auto shop tell you when you contacted them?</p>
<p>One of the employees saw the actual fall, and 2 managers came out immediately. One of the managers called me two days later to ask how I was. Their insurance company finally called me yesterday, and they are meeting me on Tuesday, so I will have some idea then about getting medical treatment.</p>