Trying To Determine Who I Should Take To Small Claims Court?
Posted by admin | Filed under Law & Ethics
Kari asked:
The final question is if this is one of those things you fight or let go.
And I have already done the “it’s the principle that matters”.
Ok… an excavating company did what’s called a “cut” in the street. They were contracted by the water company who was ultimately given the right of way by the city to perform.
They usually are to put large metal plates over the cut. As well as a warning barricade.
But it was only done on one side of the street. I hit a washout in the cut directly with my front wheel.
Why, it wasn’t covered, I don’t know. It just wasn’t done.
So I am out about $300 repair damage to the front end (wheel ball joint) of my car.
I realize that’s minimal since it could of been so much more damage.
It’s not like a nail was in the road and it’s “no fault”.
It could of been prevented were it not due to someones negligence of not following proper procedures.
The question before the one above is, who would be ultimately responsible for the damage?
Already been through the “food chain” from the water company, excavator was hostile to civility (go figure) and the Mayor said he talked to the city lawyer and was advised to go back to excavator. I asked who was the real Mayor if he had to “ask permission”
The final question is if this is one of those things you fight or let go.
And I have already done the “it’s the principle that matters”.
Ok… an excavating company did what’s called a “cut” in the street. They were contracted by the water company who was ultimately given the right of way by the city to perform.
They usually are to put large metal plates over the cut. As well as a warning barricade.
But it was only done on one side of the street. I hit a washout in the cut directly with my front wheel.
Why, it wasn’t covered, I don’t know. It just wasn’t done.
So I am out about $300 repair damage to the front end (wheel ball joint) of my car.
I realize that’s minimal since it could of been so much more damage.
It’s not like a nail was in the road and it’s “no fault”.
It could of been prevented were it not due to someones negligence of not following proper procedures.
The question before the one above is, who would be ultimately responsible for the damage?
Already been through the “food chain” from the water company, excavator was hostile to civility (go figure) and the Mayor said he talked to the city lawyer and was advised to go back to excavator. I asked who was the real Mayor if he had to “ask permission”
December 8th, 2009 at 11:15 pm
Appears the damage is a result of an improperly carried out safety proceedure by the excavator.
I’d go there.
December 11th, 2009 at 6:49 pm
Always sue the biggest pocket. In your particular example, most likely the city. Hopefully the county. Sue the wealthest party involved.
December 14th, 2009 at 4:05 pm
File suit in small claims court. Name the city, the water authority and the contractor. Let them or the judge sort out who is at fault. Usually it is the contractor who left the hole exposed who gets the blame.
There may be a contract that says otherwise.
December 16th, 2009 at 1:30 am
Everyone here is so sue happy they miss the correct answer.
The jurisdiction responsible for the road repair generally keeps a fund for cases like this. It is routine.
Call the city department of traffic or road repairs or whatever, tell them what happened, and ask what form you need to submit a claim.