1. Negotiate: Start by trying to negotiate a better settlement with the business owner. Present them with a detailed estimate of the repair costs, including photos of the damage. Emphasize the fact that their negligence (allowing a loose awning to blow off) caused the damage. A polite but firm approach can sometimes lead to a more favorable outcome.
2. File an Insurance Claim: Even if you're hesitant to use your collision coverage (because of the deductible), filing a claim is often the next best step. Your insurance company will then pursue recovery from the business's liability insurance. This shifts the burden of negotiation and potential legal action to your insurer. They have more resources and experience in these matters.
3. Small Claims Court: If negotiation and insurance fail, you can file a claim in small claims court. This is a relatively inexpensive and straightforward process designed for smaller disputes. You'll need to prove the business's negligence (that they failed to properly secure the awning) and the damages to your vehicle. Photos, repair estimates, and witness statements (if any) are crucial evidence. The court's jurisdiction limits the amount you can recover, so check your local limits.
4. Hire an Attorney: If the damages are significant (exceeding small claims court limits or involving complex legal issues), hiring an attorney might be necessary. A lawyer can help you build a stronger case and represent you in court if needed. This option is the most expensive but may be worthwhile if the damage is substantial.
Important Considerations:
* Proof of Negligence: You need to demonstrate that the business owner was negligent in maintaining their awning. This might involve showing a history of similar incidents, lack of maintenance, or evidence that the awning was inadequately secured.
* Documentation: Keep meticulous records of everything: photos of the damage, repair estimates, communication with the business owner, insurance claims, and any legal documents.
* Witnesses: If there were witnesses to the incident, gather their contact information.
* Local Laws: Laws vary by jurisdiction regarding liability for property damage. Consulting with an attorney or your insurance company can help you understand your rights under your local laws.
In short, while the business offering to pay only your deductible is a starting point, it's likely not the final word. You have options to pursue full compensation for the damage to your vehicle. Start with negotiation, but be prepared to escalate if necessary.
