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TrophyHusband

do i have a case?

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if my wife had stopped at the base gate (when she got to the gate, the uniform truck was still there going through the process of being allowed on base) and called the sherrif or at least had base security start some sort of paper trail, we may have persued it, but she didn't. my insurance company said they were't going to persue it, and wasn't even interested in getting the contact info for the uniform company. i talked to the uniform company a couple of times asking if they would just send me the amount of my deductable, but they refused and i let it go at that.


"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

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NOTE: THIS SHOULD NOT BE TAKEN AS LEGAL ADVICE.

Yes, I had to say that. Anyhow:

If your ins co isn't interested in pursuing the case, that ought to clear you to go ahead and file suit yourself; although I'd be more comfortable (if I was giving you legal advice, which I ain't) if you got that clearance in writing from the ins co first, just to cover your ass.

I still say you've got a case and a good shot at winning, as long as your wife is sure she can ID the company, like if it was clearly written on the truck. (The gate log record would help, too; but heck - if she saw the name on the truck clearly, she saw it clearly).

At this point I think the worst thing that could happen in the (I think unlikely) event you lose the case is the court filing fee, plus the value of your wife's time (plus yours, if you attend, too). (The filing fee will be added to the verdict if you win.). Call the local small claims court, find out how much the filing fee is, and then make the decision. Good luck!

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Last summer they put up a 6' high cedar plank fence so they would not have to see the boat in its broken state back there in the corner of my property behind the garage. I jacked it up some.. so the damaged part can still be seen over the top of the fence



Why do you feel the need to rub it in? You got your money for it. Be done with it.

You're just asking for them to take some kind of counter-action over the eyesore.

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Let me bottom-line this for you:
Yes, you have a case. Yes, they should be taken to court if they don't pay up. If your wife is believed, I'd say you've got about a 90% chance of winning.

CAUTION: Did YOUR insurance company pay some of the bill (or front it all, and charge you the $500 deductible)? If so, be sure to carefully coordinate your efforts with theirs. Your policy almost certainly has a provision that you cannot do anything to compromise the insurance co's right to "subrogation" (the ins co's right to claim reimbursement from the uniform company). In other words, if you file suit only for your $500 deductible, that could extinguish the ins co's claim against the uniform co, in which case your ins co would make YOU pay for that. So if you file suit, do so for the WHOLE amount of the claim, so that both you AND your ins co get reimbursed. By the same token, make sure that your ins co pursues not just the above-deductible amount THEY paid, but the entire claim, so that you get reimbursed, too. Talk this specific issue over IN DETAIL with your insurance agent.

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i called the idaho state patrol and their only requirement is the the windshield is cleared.



That just means they didn't violate a statute; it doesn't mean they weren't negligent. They were: it is anticipatable that ice on a truck will, if not cleared off, break off during travel and cause damage and/or injury to others. Therefore, failure to clear the top of a vehicle of ice before transit is negligence.

The above was cheerfully brought to you by an actual attorney. See the difference?



I'm sure states may have differing laws, and I have no idea if it could be covered under a federal law, but...

I drive semi's for a living, and we just got another handout stating that we can be fined for not properly clearing the ice/snow off our trailers before leaving the yard. Just HOW am I supposed to do that? it's 13'6" up there, and the roof are not designed to support the weight of a man walking on them. It's a psi thing. Snow and ice load is spread out, while my weight would be concentrated on a very small area.

Anyway, that's Wisconsin. If I can be fined for creating a hazardous condition, I'm sure I can be sued too.
It's your life, live it!
Karma
RB#684 "Corcho", ASK#60, Muff#3520, NCB#398, NHDZ#4, C-33989, DG#1

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[I drive semi's for a living, and we just got another handout stating that we can be fined for not properly clearing the ice/snow off our trailers before leaving the yard. Just HOW am I supposed to do that? it's 13'6" up there, and the roof are not designed to support the weight of a man walking on them. It's a psi thing. Snow and ice load is spread out, while my weight would be concentrated on a very small area.




my wife's cousin drives a delivery truck and we were talking about this. we came to the conclusion that a company was taking on more liability by having a driver climb a ladder in icy conditions than if they just took their chances leaving the snow and ice on top of the truck. its much cheaper to pay the fine and replace a windshield than pay for an employee that fell off an icy ladder. we could be wrong though.


"Your scrotum is quite nice" - Skymama
www.kjandmegan.com

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After the damage award... and before the fence they already tried that move with the country. It did not work:ph34r::ph34r: The county guy saw EXACTLY what was going on. I wanted to fence my property but because of them I had to blow a couple grand extra to get the property lines surveyed.... because of these "good neighbors" and where THEY seemd to think the property lines were.

If I want to do anything with my boat trailer that is under the boat... I have to jack up the boat to get it in or out..... by the way.. its a 27' boat which means a not so easy operation to raise it

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[I drive semi's for a living, and we just got another handout stating that we can be fined for not properly clearing the ice/snow off our trailers before leaving the yard. Just HOW am I supposed to do that? it's 13'6" up there, and the roof are not designed to support the weight of a man walking on them. It's a psi thing. Snow and ice load is spread out, while my weight would be concentrated on a very small area.



my wife's cousin drives a delivery truck and we were talking about this. we came to the conclusion that a company was taking on more liability by having a driver climb a ladder in icy conditions than if they just took their chances leaving the snow and ice on top of the truck. its much cheaper to pay the fine and replace a windshield than pay for an employee that fell off an icy ladder. we could be wrong though.



I'm sympathetic to each of your points.
Most of us have been on hi-speed roadways and seen big chunks of ice or snow blowing off the top of a truck. It can be a real hell of a mess, and it can be dangerous to vehicles following behind. The risk is more than just the occasional damaged roof or windshield - fatal accidents have been caused by chunks of ice being blown at high speed right through windshields of following vehicles.

I'm sure climbing up 12 feet on a ladder with a push-broom on a pole would be unreasonably dangerous to the driver. A lower-to-the-ground delivery truck - maybe less so? I do know that platforms exist to allow drivers to safely tarp-over refuse-hauling trailers, so I imagine that could be used to stand on while de-icing a trailer, too. Of course, that doesn't do much good for the driver whose truck gets snow-covered while resting-over somewhere on the road where that kind of facility isn't available. Perhaps some equipment that would spray de-icer (methanol/glycol) onto the top of the truck? Don't know how portable that could be and still have enough on-hand for the driver out on a long haul. (Maybe re-fillable reservoir tanks?) I don't know either the efficacy or the expense of that. Tough problem, to be sure.

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If you didn't address it there then you can't now. There would be a ton of people demanding the same thing for every dent and cracked windshield if you could just call them up a few days later and demand payment.

The lesson here? Don't drive close to large vehicle after snowstorms. If you get hit anyway then take care of it on the spot.
"I encourage all awesome dangerous behavior." - Jeffro Fincher

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The way to phrase it is: Why can't I just call UPS with a truck number and say that I was driving behind them and was damaged by ice coming off the top. I don't think you'll have much luck without having addressed it on the spot. You may as well try but that's my take.
"I encourage all awesome dangerous behavior." - Jeffro Fincher

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she wasn't following too close, the ice came off the truck as it passed her. we were in contact with the company that owned the truck that day



I don't think you have a 'solid' case. You might be able to previal in small claims court if everything goes well - the right judge, you're batting 1000, and the truck company sends a retard to represent them.

Regardless of that, I would keep the pressure on the company as if your case was airtight. See if they're willing to make a deal, just to stay out of court and keep things simple.

If you haven't done it already, be sure to mention the 'terror' your wife felt when this happened, and that she 'could have been killed' because of their 'careless behavior'.

Maybe you get lucky, and end up talking to the guy who can cut you a $500 check just to get you off his back.

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The way to phrase it is: Why can't I just call UPS with a truck number and say that I was driving behind them and was damaged by ice coming off the top. I don't think you'll have much luck without having addressed it on the spot. You may as well try but that's my take.



Doug, I'm sure you're a fine engineer, but on this - you're dead wrong. I've done this for 25 years. When I say the OP will very probably (even if not definitely) win, I'm not blowing it out my ass, and I'm not saying what what I "hope"; I'm saying what I know.

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