Need advice. How to get neighbor to pay for damage?

[Tobra]

Originally Posted by Hugh R

Last people in control of the pipe was the trash company. Policy or not, they picked it up and had control of the pipe.

If they don't follow their own policy, does not matter if they have a policy. Driver was acting as their agent, yada yada

Originally Posted by craigster59

But the landlord should have some type of policy in place, it's worth a shot.

Landlord pretty much has to have a policy in place, unless he owns the place free and clear.

All this said, turn it into your insurance, get the other guys name and driver's license number if you can. I am betting you are out a grand on this deal, but this is why you pay for insurance, so you don't have to deal with this stuff.

[asphaltgambler]

Originally Posted by fastfredracing

I'd just turn it into my comprehensive policy, and move on. Sounds like an honest accident, and you could spend forever trying to get $ out of him.

THIS - ask me how I know

[gshase]

We had a deal involving our house and MIL car. Both policies were with State Farm and they jumped in and took care of everything with no deductible.

[bpu699]

Landlord isn't resposnible for the actions of the tenant.

Tenant put wrong trash in the bin.

Garbage company acted on it, and caused damage.

The tenant isn't at fault. The landlord definitely isn't at fault. The garbage company is. Good luck collecting.

PS> How did you get 3500$ in damage???

My wifes honda oddyssey had a telephone pole fall on it. Insurance paid about $4000 to replace the entire roof sheetmetal and repaint.

Bo

[RWebb]

the usual response by an attorney would be to sue them all and let the court sort it out

1K is usually small claims

let the ins. co. have the first go at it

[look 171]

The trick is to get the neighbor's info like Dr. lic. or even his last name.

[RWebb]

sounds like he knows where the guy works, his name, and lic. plates, address... all you need to get to go after him - but he said nice guy so...

[Tobra]

Originally Posted by look 171

The trick is to get the neighbor's info like Dr. lic. or even his last name.

The landlord will certainly have that

[carambola]

you bought a 4runner because it was pretty?

your truck just got character

[look 171]

Originally Posted by Tobra

The landlord will certainly have that

Didn't think about that, but will he give up the info? I can always get the lic plate number off his car.

Rebb, he seem to be a nice guy but the damage might be over his head.

[Bill Douglas]

Originally Posted by look 171

The trick is to get the neighbor's info like Dr. lic. or even his last name.

I was just about to say this too.

I used to spend a lot of time (trying to) getting money out of people as a landlord, and the first thing is to document everything. Time date license plate, photos.

Something I wouldn't actually do myself is after he has left collect his mail and on his bank statements you will be able to figure out where he works and people do not like you arriving at there work demanding money - this usually works. Plus payments to some pre-school or similar. Be there a little earlier than drop off time and demand he honour his responsibilities.


Make it his problem, not yours.

[look 171]

Originally Posted by Bill Douglas

I was just about to say this too.

I used to spend a lot of time (trying to) getting money out of people as a landlord, and the first thing is to document everything. Time date license plate, photos.

Something I wouldn't actually do myself is after he has left collect his mail and on his bank statements you will be able to figure out where he works and people do not like you arriving at there work demanding money - this usually works. Plus payments to some pre-school or similar. Be there a little earlier than drop off time and demand he honour his responsibilities.


Make it his problem, not yours.

Good one. Thanks

[javadog]

Originally Posted by Bill Douglas

Make it his problem, not yours.

It's not his problem, it's the fault of the trash hauler.

Don't waste your time going after the tenant.

JR

[ossiblue]

Originally Posted by javadog

It's not his problem, it's the fault of the trash hauler.

Don't waste your time going after the tenant.

JR

Agreed.

You seem intent on going after the tenant for whatever reason. Doing all the tracking, investigating, mail interception, harassment at work of the tenant can open you up to legal liabilities as well. If you don't sue him and get a judgement, you are harassing someone who may not be liable and you can bet he will have a lawyer on you in no time. You claim he is a nice guy, yet you're willing to pursue him to pay for something that's, arguably, not his fault.

If you do take him to court, you'd better also take the trash hauler as well, suing them both. I can almost guarantee that if you don't, the judge will side with the tenant. If you're set on making the tenant solely responsible, at least approach him to pay your deductible and go through your insurance. Even so, I think you're barking up the wrong tree with this. The trash hauler is responsible for the damage, not the tenant. If you want to risk it in small claims, that's your call.

[Baz]

Repeating what I posted earlier......

How does the trash hauler cause this much damage without a) knowing it happened and b) reporting it to their supervisor?

Generally speaking......their job is to watch out when handling bulk matter. It's like a crane operator....it's his job to be aware of everything going on in their sphere.

The trash hauler is the one at fault. Go to them - their employer - whatever. You have to present as much documentation as possible. Photos along with written report and as much detail as possible.

That is where I would start before heading in the legalities...

[nostatic]

You have insurance - time to use it. I'm with the majority - don't go after the neighbor. It isn't his fault and odds are if he's a chef he doesn't have $3700 sitting around and probably doesn't have renters insurance. And doing the amateur PI thing is lame imho and will just get you bad juju down the road.

Accidents happen - that's why we have insurance.

[john70t]

Originally Posted by nostatic

And doing the amateur PI thing is lame imho and will just get you bad juju down the road.

I disagree with the prevailing culture(law) on this point, but understand the logic and general implications of it.
It is a complex subject.

To achieve justice, using the legal system, an individual citizen should not be forced to hire profesionals at hundreds of dollars an hour.
-Justice should not have a price atached.
-Justice should not be exclusive only to those able to afford it.

An individual acting pro-se seeking to right a personal wrong should have access to the every opportunity the private professional sector has.

[RWebb]

do NOT commit a federal crime by collecting his mail, bank stmts. or otherwise

Jeez!

[look 171]

Originally Posted by ossiblue

Agreed.

You seem intent on going after the tenant for whatever reason. Doing all the tracking, investigating, mail interception, harassment at work of the tenant can open you up to legal liabilities as well. If you don't sue him and get a judgement, you are harassing someone who may not be liable and you can bet he will have a lawyer on you in no time. You claim he is a nice guy, yet you're willing to pursue him to pay for something that's, arguably, not his fault.

If you do take him to court, you'd better also take the trash hauler as well, suing them both. I can almost guarantee that if you don't, the judge will side with the tenant. If you're set on making the tenant solely responsible, at least approach him to pay your deductible and go through your insurance. Even so, I think you're barking up the wrong tree with this. The trash hauler is responsible for the damage, not the tenant. If you want to risk it in small claims, that's your call.

That's why I am asking here because I know some of you guys here must have some experience with this sort of things. The trash hauling company is the city of Los Angeles. Getting them to pay for anything is like squeeze blood out of a rock. The first thing the trash man told me was the pipes were sticking out beyond the can you neighbor should pay for it.

It not worth getting into all the legal BS.

[Baz]

Originally Posted by RWebb

do NOT commit a federal crime by collecting his mail, bank stmts. or otherwise

Jeez!

Exactly - so it's OK to proceed with investigation and research of your own - just stay within' legal and common sense boundaries....

Law enforcement and the insurance industry are RESOURCES. Resources should ALWAYS be considered.

INTEGRATE where applicable.

The wise man is the one who knows how to use his resources - including his own common sense and ability to obtain data.

Legally.

=======

As a first step in the investigation process - I'd still contact the trash removal contractor before anything else is done...if nothing else just to notify them of the incident so it can be documented. This just seems to be common sense.