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Legal advice: when fences attack
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GP Champ
 
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Legal advice: when fences attack - January 23, 2017, 02:27 PM

My girlfriend was driving down a road on a windy day, when the metal fence of a construction site of a big contractor (think the kind of company that builds an entire building, not a small business) came crashing on her car, damaging bumper, hood, fender, headlight and pass door. The hit was strong enough that the pass door wouldn't even open because the fender has moved back to touch it, so it cannot pivot.

She got a police report, has pictures from the site of the damage and even of the cop pushing the fence out of the road.

She got in touch with the company whom admitted it had happened before and that they would just cut a check for the damage asking to get an estimate for it. The estimate came out to $5000 and change. They have had said estimate since mid September and given us the runaround since. Today I wrote I needed an answer or I would take them to small claims Court, and the project manager wrote back saying: they don't believe tey have any liability with the incident and that we should contact our own insurance company about it, adding they would be happy to communicate directly with them about it.

Now, I am unsure of what she's saying as on one hand it feels like she's saying "nope, not our problem", on the other hand she says they will communicate with our insurance company. Am I reading this wrong? And would going to small claims Court be the best option or would it be best to get a proper lawyer?

In all this we've had to drive around in a banged up car where I got the pass door to open and I replaced the headlights as one was cracked open.

Not trying to squeeze them for money, just want our car fixed for their fence falling on it...

Suggestions?


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January 23, 2017, 02:29 PM

I'll add the reticence of getting our insurance involved as after calling them and asking about it they said we might get denied further insurance and/or our rates might go up, which makes no sense to me, but the phone operator confirmed it.


2011 Ducati Diavel Chromo (Current)
2007 BMW R1200GS Adventure (Current)
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2003 BMW K1200GT (Current)
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2001 Triumph Tiger 955i
2002 Yamaha FZ1
2006 Buell Ulysses
1991 Suzuki GSX-1100R
1991 Honda Africa Twin 750
2008 Mobster Lefty Trophy pitbike
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January 23, 2017, 03:40 PM

No need to get insurance involved.

Send an email Cc'ing the Project Manager, General Counsel for the developer (info should be on their site), and the County Permitting Dept.

In a straight forward tone, in your email, start off by reminding them that they have already admitted liability and cited a pass incident of the very same occurrence. You are not seeking to turn this into a monetary windfall - you only want your vehicle returned to its pre-incident state.

They have proper general liability insurance and should make haste in their decision to either file a claim with their insurer or make direct restitution.

Then you drop the hammer on their monkey asses:
They do not have the right to dictate terms of restitution. They cannot and will not tell you to file an insurance claim under duress or they will not pay you. You retain sole right to file and insurance claim or elect to file suit independently. Moreover you have ample evidence photographic, email, and the police report cementing their liability. It would be the height abject stupidity to challenge you on the matter.

4 months is an egregious waiting period and as such you intend to file not just for restitution, but also for diminished use & enjoyment, legal fees, accelerated estimated rental vehicle fees while the car is in the shop, and all penalties allowed by the court in addition to a formal complaint with the permitting & worksite inspection departments.



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January 24, 2017, 09:01 AM

All good info above. I recently went through something similar.

Don't cave to the insurance BS. My apartment gate closed on my truck and they said "oh you can just go through your insurance"

I didn't budge, also talked to my apartment insurance company, told them I'll see them in court. Two weeks later a check was in the mail.

When you have them dead to rights don't give up. Definitely do not go through your insurance if you don't have to.
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January 24, 2017, 09:45 AM

And if dat don't work

762


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January 24, 2017, 09:56 AM

The girls in your life don't have very good driving records...


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January 24, 2017, 10:05 AM

Thanks guys I will carve out a nice email and start there. These assholes are assholes.


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January 24, 2017, 10:52 AM

Quote:
Originally Posted by Leoallafila View Post
Thanks guys I will carve out a nice email and start there. These assholes are assholes.
And if dat don't work

762


Gemini Motorcycles (Sterling, VA)
www.GeminiMotorcycles.com

ZX14: 222 mph
ZX12: 229.6 mph
ZX10: 202.8 mph

ZX9: 177.6 mph
ZX6R: 180.8 mph
EX650: 130.7 mph

EX300: 114.7 mph
EX250: 122.4 mph
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January 24, 2017, 06:04 PM

AK47???


2011 Ducati Diavel Chromo (Current)
2007 BMW R1200GS Adventure (Current)
2006 BMW R1200ST
2003 BMW K1200GT (Current)
2004 Ducati 998s Final Edition (Current)
1997 Aprilia RS250
1998 BMW K1200RS
2000 Ducati 998
1998 Pegaso 650
1999 Ducati 996S
2004 BMW R1150R
2005 Aprilia RSVR Factory
2001 Triumph Tiger 955i
2002 Yamaha FZ1
2006 Buell Ulysses
1991 Suzuki GSX-1100R
1991 Honda Africa Twin 750
2008 Mobster Lefty Trophy pitbike
2004 Aprilia RSVR Factory
1990 Aprilia Pegaso 125
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January 24, 2017, 06:34 PM

Quote:
Originally Posted by Leoallafila View Post
AK47???
Yes.

That's his boilerplate solution to most minor conflicts. Either this or roll-ons.

Of course as you're Italian, your solution would probably involve Beretta or Tanfogilo.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

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January 25, 2017, 09:29 AM

Email sent, I used a good chunk of your post, and added I would make sure everyone listed under their company's "Key Personnel" page, to include CEO etc... would be informed about the way we've been treated through direct contact and via the many social media and online business review portals such as Google Reviews, Yelp, Better Business Bureau etc.

Let's see if they are completely dumb


2011 Ducati Diavel Chromo (Current)
2007 BMW R1200GS Adventure (Current)
2006 BMW R1200ST
2003 BMW K1200GT (Current)
2004 Ducati 998s Final Edition (Current)
1997 Aprilia RS250
1998 BMW K1200RS
2000 Ducati 998
1998 Pegaso 650
1999 Ducati 996S
2004 BMW R1150R
2005 Aprilia RSVR Factory
2001 Triumph Tiger 955i
2002 Yamaha FZ1
2006 Buell Ulysses
1991 Suzuki GSX-1100R
1991 Honda Africa Twin 750
2008 Mobster Lefty Trophy pitbike
2004 Aprilia RSVR Factory
1990 Aprilia Pegaso 125
1991 Ducati 888
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1984 Kram-it 50
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January 25, 2017, 09:33 AM

Quote:
Originally Posted by Leoallafila View Post
AK47???
https://www.youtube.com/watch?v=dgpEuCUm6SE



Gemini Motorcycles (Sterling, VA)
www.GeminiMotorcycles.com

ZX14: 222 mph
ZX12: 229.6 mph
ZX10: 202.8 mph

ZX9: 177.6 mph
ZX6R: 180.8 mph
EX650: 130.7 mph

EX300: 114.7 mph
EX250: 122.4 mph
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  (#13)
GP Champ
 
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January 25, 2017, 09:34 AM

like chop chop


Gemini Motorcycles (Sterling, VA)
www.GeminiMotorcycles.com

ZX14: 222 mph
ZX12: 229.6 mph
ZX10: 202.8 mph

ZX9: 177.6 mph
ZX6R: 180.8 mph
EX650: 130.7 mph

EX300: 114.7 mph
EX250: 122.4 mph
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Suddenly Superstitious!!!
 
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January 25, 2017, 02:58 PM

Quote:
Originally Posted by Leoallafila View Post
Email sent, I used a good chunk of your post, and added I would make sure everyone listed under their company's "Key Personnel" page, to include CEO etc... would be informed about the way we've been treated through direct contact and via the many social media and online business review portals such as Google Reviews, Yelp, Better Business Bureau etc.

Let's see if they are completely dumb
Follow it up with a certified letter. That way they can't play games about not getting it. Just my $0.02. They are playing possum figuring if they go silent you will eventually give up. Pretty common insurance tactic. Keep denying multiple time. It seriously cuts down the number of claims they pay out.


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January 25, 2017, 04:24 PM

Quote:
Originally Posted by shiphteey View Post
I enjoy that morons videos from time to time.
Especially liked his Sig P320 vid.



“Any man who tries to be good all the time is bound to come to ruin among the great number who are not good. Hence a Prince who wants to keep his authority must learn how not to be good, and use that knowledge, or refrain from using it, as necessity requires”.

- Nicolo Machiavelli 1469-1527

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