GLENDALE — It's been two months since the partial collapse of Bayshore Mall's parking garage. That week, the I-Team told you about a waiver customers were told to sign in order to get their cars out of the garage. However, now some say their liability claims are being denied by Bayshore's insurance.
"Somebody needs to step up and take responsibility," Chris Bossert said.
Bossert was one of several people whose car was stuck inside Bayshore's garage following its partial collapse in February. Bossert said he wasn't able to get his car until seven days later.
"They asked me to sign a waiver which would absolve them of any damages. Well, I have an $800 rental car, so I crossed out all the lines about that," Bossert explained.
Attorneys told the I-Team that since those lines were crossed out, a claim for liability could still be an option. So, Bossert filed a reimbursement claim for his rental car.
However, Bossert said Bayshore's insurance company and adjuster sent him a letter denying the claim, pointing liability at the snow plow company. The letter claims the collapse occurred due to snow being piled up on the upper floors of the garage.
"I was honestly surprised," Bossert added.
At a loss, Bossert contacted Wallace Law Firm which specializes in insurance litigation.
"It started to become clear that we needed to gather a group of people who are in the same situation to put some of that energy into figuring out who is responsible for this and what avenues these folks have to take," Insurance litigation attorney Justin Wallace explained.
Wallace told the I-Team that someone is liable, and if customers crossed out that liability portion of the initial waiver, the responsibility likely isn't on them.
"An entity is responsible for any result of its negligence, and even sometimes, they have strict liability for certain events that happen on their premises. You don't have to have your car physically damaged to suffer real expenses because you couldn't get to it," Wallace said.
If you're stuck with a claim, claim denial, or want legal advice on how to move forward with this process, visit WallaceInsuranceLaw.com.
We reached out to Bayshore's insurance company that sent Bossert the letter as well as the snow removal company, but have not heard back.
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