Posted on: 23 November 2016

When business buildings do not have a drive-thru service, but drivers create their own drive-thru by driving through the sides or front of the business, that is a car accident for the books. If this has happened to your business, and a driver has driven his or her vehicle through a wall of your building, then you may need to sue. Before you hire a lawyer, however, you will need to get the car-insurance information from the driver responsible, after which you can do the following.

Call the Driver's Insurance Company and File an Accident Claim

Your building did not drive itself into the driver's car, and therefore you should not have to file a property owner's claim on your own insurance policy. This is clearly a problem for the driver's insurance company and not your business or property-insurance company. Once you have the driver's insurance information, call that company and file an accident claim against the driver's insurance. That company should be willing to file the claim and not refuse it, given the unusual circumstances.

Follow Up on the Claim

The car-accident claim should be resolved within a couple of weeks. When you have pictures and a police report in hand, faxed or mailed to the insurance company, there should be no question in the minds of the claims adjusters of who is at fault for the giant hole in your building. You should still follow up to make sure they got all of the documents they needed and to see where they are in the process.

Use Unusual Mitigations

If the driver has absolutely no car insurance, that is a problem. If the driver's insurance company refuses your claim to repair the damage caused by the covered driver or low-balls you by handing you a check for a sum so small there is no way you can fix your building, that is also a problem. Both of these unusual circumstances can only lead to court and a lawsuit, since that is the only way you will get the driver and their insurance company to pay for the accident and the hole in your building. Provide the exact same copies of the police report and pictures that you have on hand and sent to the insurance company to your lawyer if you choose to pursue a lawsuit. 

Fix Your Building

In the meantime, do what you can to fix your building before the rest of it begins to collapse. Provide estimates for the work and receipts for any completed work to your lawyer. Prevent intruders and theft, as this will only add to the expenses associated with this accident. Lastly, do not sign any check from the insurance company, if an insurance company is involved in your case. Your lawyer cannot help you further if you cash the check that the insurance company has sent you.