Legal Question in Personal Injury in Alaska
i was riding dow a bike path and the construction company had cut a section of sidewalk out . I hit it ,flew over the handlebars . Ends up my bike is ruined (almost a 2000.00 bike . I am fine physically . I have been in communications with the construction company, I have a witness that saw that the hole wasn't coned off. But their foreman says he personally put the cones in the hole . They are refusing to pay . They were doing this job for the state of Alaska. plz help
1 Answer from Attorneys
It could well be that the foreman is telling the truth, but his problem is that he can't say that the cones weren't removed after he placed them there. If that's what happened, it's an open question whether they were negligent.
Find out what their insurance company is. Get an affidavit from your witness and one from yourself and submit them to the insurance company, together with a letter demanding compensation for your bike. Also Include written proof of the value of the bike (proof of purchase). Ask that they respond within a given period of time (a week, for example).
If they refuse to pay you, or don't respond within the time you gave them, you have little choice but to sue the construction company in small claims court.