Legal Question in Personal Injury in California
as i walked out of my apartment holding a $20,000 painting i fell and damaged the art work, due to gross negligence of the apartment community facilities not installing a transition strip molding between the carpet and concrete located in the interior hallway of the complex. so i filled a claim with there insurance company.
after several weeks the adjuster called me back and clearly stated they are taking 100% liability on the claim and i should send him any cost of damages that was caused by the accident..
i submitted my claim for the painting and now they are stalling payment .. even after they sent an investigator to review the painting and damages...
do they have the right to back out of accepting 100% liability to my claim?
is there anything i can do to force the issue of payment?
2 Answers from Attorneys
It's not "gross negligence." It's simple negligence. Legally, gross negligence is more akin to having a rickety footbridge with no handrails across a moat filled with alligators. Nevertheless, if negligent, the property owner is liable for foreseeable damages.
Unfortunately, a statement made by the insurance adjuster isn't binding, and even an admission of liability doesn't mean they can't argue with you about the value of the damage caused to your property.
They can accept liability, but that does not mean they are entirely responsible for all of the damages you claim.
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