pretty sure wendy's owns the property. i really doubt they "leased" the building...

 

I would take their advice and sue, because of their negligence they could've killed you. Not only that, for an employee to come and stuff your face with forms after a lightpole fell on your head, it would've set me off. I would go sue for a brand new car and any type of medical treatment, meds, and the sort reimbursement. If you plan on suing for large amount expect a battle, even though your case is strong, you'll be facing Wendy's Corporation Lawyer Council. So, keep in mind that if you ask for a lot, you could be getting more money but end up paying your lawyer most of it.

 

Dude, if you wanted to start a Wendy's chain in some sticks town you could. One of my friend's family started the KFC chain in Northern Nevada -- not KFC themselves. ****, some property that I own has a DOMINOES pizza in it - and guess what, the dominoes pizza corporation are not the renters. Moreover, the forms that were shoved in his face -- he has yet to say what was on the forums -- could have been an incident reports as far as we know. One thing he did say was that the guy who was *shoving* those forms in his face could hardly speak English - I doubt he was the wendy's owner, which one can assume that he could give a rats *** whether or not the property owner was sued.

Wow... I'm very disappointed in most of the people on this thread. Seeking a lawyer's advice is one things, but seeking a lawyer to only cash in and take advantage of our faulty system is another. You're not going to see a personal injury lawyer, are you? Those guys should rot in hell with most of the people in this thread. Also, the McDonald's case is different - she went after the corporation because if you're going to use the McDonald's name, you have to follow their strict rules of operation, which required their coffee to be at extremely hot temperatures (so people eating in the restaurant didn't have time to let the coffee cool down before the left, thus no refill costs). You will most likely NOT have a case against the Wendy's corporation themselves as they most likely DO NOT own the property. Anything you get out of the realm of insurance coverage will most likely be the lively hood of an individual property owner(s).

Yes, the property owner was negligent and should have repaired those light poles. They should also take full responsibility in ensuring your current and future health, well-being, and getting you a BRAN spanking new G35 -- THAT is why they pay insurance. The time to sue is when they fight you for it and deny responsibility.

But enough of my rants. Judging from your posts I think you're doing the right things and heading down the right paths. Good luck, and hold out for the '07 Coupe

 

I'm not sure what the forms were I never got a chance to look at them since we told the guy we weren't interested. Maybe just a standard report but I never sign anything unless my lawyer looks at it especially an accident or something worth a good amount of money (my G!) I'll keep you guys posted on what happens though sometime this week the Wendy's manager claimed I would be getting a call from somebody.

 

Sorry to hear. Hope youre ok.

 

Yes, the property owner was negligent and should have repaired those light poles. They should also take full responsibility in ensuring your current and future health, well-being, and getting you a BRAN spanking new G35 -- THAT is why they pay insurance. The time to sue is when they fight you for it and deny responsibility.

I would expect a minimum of two things: 1. To have my car repaired and be compensated in full for any diminished value. 2. To have them provide me with an upscale rental car when the car is being repaired.

 

They should buy you a new car, pay all of your medical bills, and be required to replace all their light poles... then call it a day.

 

Agree.

 

Think about this hard, you have a strong case and a great opportunity, you can have a new car and some cash, you said you 20 going to school? Some extra cash never hurt man...some people would give an arm and a leg to have this type of situation happen, you injured your neck a bit, and you car was damaged..nothing more, why not use this SOLID case in your favor?...

 

WOW!!,
glad you were not hurt! I agree with above"dont get a lawer (YET). I would contact your insurance first. I would think your insurance company will "cover the accident" under your comprehensive coverage, then in turn they will sue whoever they have too. See if they would consider it totaled. However I doubt it will be that easy. I would ASAP get back to the light post and take pictures of any rust you see!!!
Good luck buddy hope you get a 08' coupe out of it!