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I need advice please

Discussion in 'Off-Topic Discussion' started by Ridgerunner, Sep 3, 2010.

  1. Sep 3, 2010 at 7:22 PM
    #1
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    ...because I value a lot of folks here as smart as hell.
    My Mom is 79 years old. She was coming home from the store one morning. A garbage truck was parked and running at the curb to the left of her driveway entrance, as he always does for like 10-15mins. according to Mom-so she paused, then proceeded into her driveway behind the truck, and he started backing up at that time and smashed into her, ripping a hole in her roofline and tweeking the bed of her S-10 truck-$4700 damage. She filed with the city and after 2 months some asshole of a city lawyer sends her a letter saying he "found NO fault with the driver and that if he had known she was back there this accident would never have happened" BUT they are willing to settle with her for a lousy $1000! uhh-is there something wrong here you guys? I am missing something-that is why I am asking for advice here. I told Mom get a lawyer on contingency and if he feels she has a case he will get her the repair money plus lawyers fees...<<I am correct there right?
    Anyways Mom only carried liability on her truck so we're in a hole till the city stops treating an elderly lady like shit and pay up:(
     
  2. Sep 3, 2010 at 7:25 PM
    #2
    KalamaKid

    KalamaKid Well-Known Member

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    same shit as everyone else
    take them to small claims court, if the judge see's you in person your going to most likely get the cash owed to you if you can prove that the truck backed into you.
     
  3. Sep 3, 2010 at 7:30 PM
    #3
    THXEY

    THXEY Panda Jerk

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    not to go off topic but i havnt seen you in at least a year!!
     
  4. Sep 3, 2010 at 7:36 PM
    #4
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    Whatsup PJ:D yeah I took a health break Im on disability now so I pop in here now and then.
     
  5. Sep 3, 2010 at 7:37 PM
    #5
    THXEY

    THXEY Panda Jerk

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    good to see around...:cool:

    unfortunately im not a legal buff so i can't offer any advice BUT i can pray for her and hope for the best!
     
  6. Sep 3, 2010 at 7:47 PM
    #6
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    Thanks PJ you know we'll take that:) very kind of you to do and I appreciate it a lot!
     
  7. Sep 3, 2010 at 7:50 PM
    #7
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    Jason that makes sense thank you:) I told her to go Monday and get that police report so we can start something for her.
     
  8. Sep 3, 2010 at 7:54 PM
    #8
    sobos_tacoma

    sobos_tacoma Member

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    sorry to hear about the situation man. like other people on here i am not a legal buff, but you could call some lawyers to see how much it would cost to sit down and see if it is worth going to court over. that is the best advice i have right now man. best of luck and i will also pray for your mother
     
  9. Sep 4, 2010 at 11:03 AM
    #9
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    Thank you too-prayers are powerful:) and thanks for your input. Anyone else have any perspective on this?
     
  10. Sep 4, 2010 at 11:12 AM
    #10
    vinnyvavoom

    vinnyvavoom Well-Known Member

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    My bet is that a court will see this as a percentage fault on each side. 60-40, 75-25 that type of thing. No clue who will they will say is more at fault. Even if they do give her the benefit of the dought, you probably will not get the entire repair covered. Tough situation. Good luck. I hope everything works out.
     
  11. Sep 4, 2010 at 11:16 AM
    #11
    David Tarantino

    David Tarantino Well-Known Member

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    sorry about your moms truck
    but its great to here from ya ridge
     
  12. Sep 4, 2010 at 11:23 AM
    #12
    Ridgerunner

    Ridgerunner [OP] Well-Known Member

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    Thanks guys I appreciate those thoughts:)
     
  13. Sep 4, 2010 at 1:44 PM
    #13
    Brunes

    Brunes abides.

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    This is probably NOT the best course of action.

    Most small claims courts are limited to 3,000 and below (small claims) and many times will try to arbitrate an agreement vice make a judgment. So you might only get another 500 bucks.
    You need to talk to a real lawyer about a real court case.



    PS-I feel really good about using my 10,000th post on advice.
     
  14. Sep 4, 2010 at 2:10 PM
    #14
    MTgirl

    MTgirl too many frogs, not enough princes... Moderator

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    If there was no fault on behalf of the garbage truck driver then why is the city offering your mom any money at all? Since the city is offering some money it means that there is some doubt as to who's at fault - keep pushing until they give a more reasonable settlement. They most likely offered that in order to make the problem go away.
     
  15. Sep 4, 2010 at 2:13 PM
    #15
    Incognito

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  16. Sep 4, 2010 at 2:15 PM
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    ImpulseRed008

    ImpulseRed008 Gone But Not Forgotten

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  17. Sep 4, 2010 at 2:17 PM
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    philobeddoe

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    Do NOT take them to small claims court ... !


    Hire a lawyer immediately to respond to the city lawyer, settlement conversations will lead somewhere, with Plan B being a lawsuit in State Court.

    I worked briefly for the City Solicitor in Philly ... get a lawyer ... now.
     
  18. Sep 4, 2010 at 2:37 PM
    #18
    calaniz0312

    calaniz0312 Well-Known Member

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    x2. That sounds like a good idea.
     
  19. Sep 4, 2010 at 2:54 PM
    #19
    rme

    rme Well-Known Member

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    Your Mom needs to "talk with a lawyer!" The city is trying to low ball her! The lawyer should explain to the city that your mom is having to rent a car at the cities expense because of their negligence. They backed up while they were parked next to the curb...is it the cities contention that any car that backs away from a parked position is the fault of the car that pulls into their driveway behind the parked garbage truck. I don't think so! Were there other city employees with the garbage truck? Why weren't those employee's deployed to the back of the garbage truck to ground guide it and stop your mom from making a lawful turn? If they didn't that called negligence on the city not your mom. Did the garbage truck have a backup sensor that was sounding off while backing up with operable back up lights on and sounding. If not that is called negligence on the city not your mom. Did your mom have her turn signal on when she made her legal turn in back of the truck....that's called being a reasonable and prudent man. As a general rule who ever backs up accepts all the liability upon them selves. Just as a lane change does. The city is at fault...it will cost her nothing to get a consult from a lawyer to see if she has a case. By the way your mom should go the hospital or her doctor for a check up...she's 79! The city can pay for that too. I think the best thing your mom can do is tell the city no and that all she wants is her car fixed. If they move quick enough she won't have to rent one at city expense. That might get them off the dime....
     
  20. Sep 4, 2010 at 3:03 PM
    #20
    ilove_taco_ma

    ilove_taco_ma Well-Known Member

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    your mom deserve more than 1000! thats not right to treat a lady. hire a attorney and sued them city. the trash driver is at FAULT.
     
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