Legal Question in Personal Injury in Michigan
claim for damages
A large store, with automotive section did a oil change service on my friends car.
The oil cap on top was not replaced, the car malfunctioned on a freeway with smoke etc., there was no physical injury to the driver, but about 2 qrts. oil all over around the engine area, causing damage to electrical parts costing around $1000.
The store had agreed to pay for the damages, but after submission of receipts is now refusing to do so. Their insurance company is involved, who is interrogating/intimidating him (discouraginging him), suspecting every minor detail, although everything is documented well and can be verified by calling the stores who made repairs etc.
If this major store refuses to pay for these damages can they be sued?
If fault is proved can legal expenses be recovered ?
1 Answer from Attorneys
Re: claim for damages
Can they be sued? Sure. When you have a claim, the claim exists against the company not the insurance. You are probably looking at a small claims action here. It depoends on the state you are in as to whether you can recover legal expenses. The answer is probably that you cannot, BUT you should ask a MI lawyer.
Good luck.
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