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-   -   Need advice. How to get neighbor to pay for damage? (http://forums.pelicanparts.com/showthread.php?t=747922)

Steve Carlton 05-04-2013 03:11 PM

I'm surprised the trash collector didn't leave the can as it was since it was improperly loaded. I wouldn't expect good advice from guy who did it or who works for the company, either.

I also doubt your insurance company will make any effort to collect the deductible from the trash hauler, leaving you holding the bag. I'd discuss it with your insurance company and find out who they think is the liable party. I'd say it's the trash collector. Maybe they can give you assurances they'll pursue it.

Why would you have a $1,000 deductible on comprehensive? You're probably saving $40 a year for that vs a $100 deductible...

ossiblue 05-04-2013 04:52 PM

Quote:

Originally Posted by look 171 (Post 7422984)
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.


Agreed.

The trash man is full of BS and is covering his ass. If the pipes were sticking out beyond the can, he should never have attempted to dump it. We've all seen the tags they leave on containers they refuse to dump for various reasons. It was his irresponsibility that caused the damage and he's trying to dodge the bullet. As mentioned, he never reported the damage to his supervisor. But this is all beside the point.

You do not have to "go legal" against the city of L.A. File a claim with your insurance, explain to them who you think is at fault (the trash pick up employee) and let them decide to pursue it beyond repair of your car, less the deductible, if they so choose. You don't need the headache or hassle, and you don't need to harass your neighbor.

andyt11 05-04-2013 08:51 PM

Not worth turning a neighbor into a bad neighbor. File a claim with your insurance and more on.

Besides, it sounds like your only going after the neighbor because it's to much hassle to go after the city. Not really the right reason.

javadog 05-05-2013 04:12 AM

Quote:

Originally Posted by look 171 (Post 7422984)
The first thing the trash man told me was the pipes were sticking out beyond the can you neighbor should pay for it.

The first thing he should have told you is that "I'm not a lawyer, so anything I say is probably incorrect" and "I'm the ****head that caused this problem in the first place, so anything I say will be intended to deflect blame from my sorry ass, not to give you any useful advice".

Go after the city. It's not impossible. They have to abide by the same rules that you do. My daughter in law had her Mercedes damaged by a trash truck in the City of Dallas. They paid her thousands to fix it.

I had another car damaged by some idiot from a sod farm driving down the road with a loose boom on a sprayer behind a tractor. He refused to pay too, until I took his ass to court. Sometimes you do what you have to do. If you are in the right, it shouldn't be a problem.

I personally wouldn't pay a deductible for something I didn't cause, but that's me.

JR

dennis in se pa 05-05-2013 05:41 AM

I doubt the insurance company will go after $1000. That falls into the "nuisance" category. But I would let my insurance company handle this.

RWebb 05-05-2013 10:48 AM

You can try to go after the city. It's not impossible, BUT they do NOT have to abide by the same rules that you do.

As per above, sue them all and let the court sort it out. Once you have filed suit, you can subpoena any reports, or info re addresses, locations, even bank acct. numbers.

subpoena duces tectum might be a helpful phrase here

and, yes, it might be a lot more work than $1,000 is worth; but maybe not

KFC911 05-06-2013 04:46 AM

What I would do:

File with insurance (life is just too short, and that's why I have it).
Review my deductable as noted above.
Move on...

Ps: Or, I might just sue EVERYBODY :D


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