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Yea, that's right! We pulled through the drive through to order up a couple of ice creams. As I pulled forward and began straightening out my truck to the window, I hear SREEECH. Look back and the damn drive through sign had two metal pipes sticking out of the side, sticking out at least thee inches be on the curb which then dug into the side of my truck...The pipes were there so they could hang some stupid sign on them for 'cool treats'. I guess this sign was just put there a week ago and others have already hit it before me... (now they've since removed the sign 5 minutes later) I've confronted the manager of the store, who has refered me to their insurance company. An estimator came out yesterday. He says $1,800 worth of damage and a week to fix. The insurance company still has not agreed to pay the claim. (only been a few days). My insurance company said, if I file a claim w/ them, they will turn around and go after dairy queens insurance...but I'll of course have to pay the deductible. Anyone delt with a situation like this before?
 

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I remember something similar happened to my sister... If you win the case, you'll have to pay the deductible, but they will refund it later on....
 

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BAZINGA!!!id be opening a can of whoop a$$!!good luck brother!
 

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Oh that's just painful to look at. Pity pts sent.
 

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thats a hunger buster.
 

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That sucks man, yeah you need to just go after them and hope to get your deductible back.
 

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Not real sure I'm seeing how this is Dairy Queen's fault. From the pic of the sign, it appears there's a banner hanging on it and it would have been hard to miss (unless the pictured sign isn't the one you hit).
 

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Not real sure I'm seeing how this is Dairy Queen's fault. From the pic of the sign, it appears there's a banner hanging on it and it would have been hard to miss (unless the pictured sign isn't the one you hit).
Im inclined to agree with this comment. It looks pretty obvious that it sticks out in the picture (albeit terrible placement). Man that sucks no doubt...........
 

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You could trade them out and get 1800 ice creams instead!
 

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If the sign sticks into the drive through lane you should have a case. If not you are out of gas dealing with DQ, they will say you cut the corner and got on the curb. Either way that sucks man. I did something like that once in my old dakota on a sonnies sign. I turned too tight and got on the curb and hit the sign. I just thought I hit the curb, but my friend was like you F'ed up your truck. I looked and it smashed the extended cab in and part of the bed. $3500 worth of damage.
 

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Even if it does overhang the curb they won't pay... he hit a fixed object with his moving truck. Pay your deductible and hope your insurance company is good at subrogation and maybe they'll get something back for you.
 

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Best of luck, I think that they may pay off. Looks like the sign extends into the lane to me, from the photo. My experience is that some of those lanes are so narrow, it takes great care to make the turn in a full size truck. Go after them, they have a corp. image to maintain and may settle just to minimize their costs.
 

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You could always sue Toyota for unintended acceleration....

Not trying to be mean about it, but I don't think I would bet on DQ paying for the damage, you hit a fixed object with your moving truck on their private property (no obstruction laws or regulations to regulate what they do with their drive through lane).

Good Luck with the repairs....
 

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I would think you have zero chance of recovering from DQ. Rules that pertain to signs that extend into the drive lane should only apply to legal city/state egress regulations via DOT for city/state owned and regulated drive lanes, and have jack to do with a private business.

Your insurance will be the ones to go after them if it is possible....but I wouldnt hold your breath, however if you were to make a case of it, imo it would be because they have a civic responsibility to at least post a sign saying there is restricted egress.

Good luck.

~JH
 

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i agree with you... i dont like to watch where im going either... especially around playgrounds, damn kids keep hitting the front bumper... to bad their insurance didn't pay for it

i just think this is another case of a fat american cowboy, who is too impatient to wait for their food :)
 

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The way I see it, and I'm no lawyer, is first I wouldn't make a claim agaist my insurance co.(Insurance co.'s just love to raise premiums anyway they can). If I got on the curb, yea I'd be pizzed, but I'd handle it myself and go from there. If I never bumped, touched or jumped the curb, I'd go after DQ'S insurance co. and if they didn't pat I'd discuss it with a lawyer, and go his/her advice. JMTC
 
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