Property Damage

Hoosier_Daddy · Dec 30, 2003

I live on a dead end street (clearly marked) and Friday night a little after midnight I get a call from a neighbor and he asks me if I saw the semi with tandem trailers doing a U-turn in my front yard. I said no because we were in the basement watching TV and the woodburner fan kind of cancels out the occasional outside noise.

He said he saw the whole thing and the truck came down the street stopped for awhile and obviously decided he was screwed and did his damage.

He took out 2 small trees and left some pretty good ruts.

My neighbor gave chase and got the rear trailer number and the plate number. He called the local Marshal (barney) and we have a "incident" report. Whoopie !!!

I got a little miffed at "barney" the cop and started my own report with the trucking company.

I have been told my email was sent to their Safety Department and I am now waiting for them to toss the ball back to my end of the court.

The trucker knew he was screwed when he turned down this dead end street but what really makes me mad is he made the decision to destroy my property knowing very well he was going to leave the scene.

If he had rang the doorbell we would have helped him.

Tom

PineRidge · Dec 30, 2003

I hope that it works out well with the trucking company. I am sure that they will most likely make it right by you. These kinds of incidents leave a bad name for the drivers, especially knowing that they did the deed and then split. /forums/images/graemlins/frown.gif

By the way do they let this "Barney" have any bullets for his gun?
/forums/images/graemlins/wink.gif

Taylortractornut · Dec 30, 2003

Tom I hate to here about your yard, Im finishing up this week on my CDL's. I hate drivers like that Ive had to turn in folks yard with my dump truck but i get permission and a person to help me make it to the drive way. I had a Roadway driver call me one day at my shop he had 2 trailers and I told him to park in the main road and Id run down there with my fork lift. He refused and headed down this little one lane road I live on where my shop is. He then saw my dump truck out in my side yard and drove out to circle it not thinking it was parked there before the rain. It took my backhoe and a friends wrecker to pull him out.
Just be glad you have your barney We have the real thing One shot his self in the leg one night in the police station practicing his quickdraw in the mirror with a loaded gun. The bad part about it he was teaching a 15 year old how to quick draw and forgot on was in the chamber.

higgy · Dec 30, 2003

This happens more often than people realize. I scares me that a law enforcement "professional" would be doing such a thing with a gun, loaded or not. What the heck are they thinking, it seems to go back to the little guy with a gun syndrome.

Last year there were 2 officers that shot each other. One was on duty the other was off duty, but has a scanner. They both went to the warehouse (full of potatoes, man ya gotta protect the taters) and shot each other. Both of them lived, but we are paying the bills for both of the officers and for fill in staff.

Now lets keep in mind that this is a very small town and this was a spud cellar. Man /forums/images/graemlins/mad.gif

Hoosier_Daddy · Dec 30, 2003

If the Mrs. had been able to get a hold on this driver he would have been missing a few parts I am sure he still uses. She and the Grand kids and the neighbor kids planted the one tree that he completely broke off and shredded the base of it

And the other tree he ran over was a memorial tree planted in honor of my Father who passed away last year. It was planted by all my neighbors on the afternoon of Dad's Funeral. They call it Melvin.

Last Sunday Afternoon they were discussing Melvin being run over. My unstable neighbors were not too happy about the whole situation.

higgy · Dec 31, 2003

When you talk to the trucking company you should tell them what you just said. Ask them to have the driver send a letter of apolgy to your family, they deserve it. The driver needs to know that his actions have caused others pain. If he refuses you then have an idication of the type of person that you are dealing with.

If the trucking co wants to replace the tree it was a very rare variety I'm sure that you must have had imported from Norway at great expense?? /forums/images/graemlins/wink.gif

Junkman · Dec 31, 2003

If you get any hassle from the trucking company, then go to "Barney's" office and file a complaint of leaving the scene of a property damage accident. I don't know the value of the trees, but the damage to the lawn can itself be very expensive and trees are not cheap. Can you bypass the local and contact the state police?

Hoosier_Daddy · Dec 31, 2003

Don't know about contacting the State Police other than to complain about barney.

He has a laptop computer in his car and as soon as he arrived the neighbor gave him the plate number. 10 minutes later he says he has the owner figured out. It is a CA Plate and the trailer belongs to roadway.

No Sheet Dick Tracy. We told you that. So where the HE!! is he now? He has only been from the scene 1/2 hour and he is driving a old yeller with 2 grays behind him. Geeez...

I will give this some reasonable time to be resolved but then if it isn't I will be hissed enough that I am going to raise some holly H.

As far as barney..Guess I expected more from the town idiot.

Guess I will have to buy a XXXL shirt with a pocket for his bullet.

JDGREEN4ME · Dec 31, 2003

I hope things work out for you. We also live on a "No Outlet" street that is clearly marked. We have people turning around in the front lawn, backed over lamp post several times, took out sections of our split rail fence numerous times and not once did anyone leave as much as a note. /forums/images/graemlins/confused.gif /forums/images/graemlins/mad.gif /forums/images/graemlins/blush.gif

fivestring · Dec 31, 2003

I don't know the law there, but here in NC, that was a hit-and-run; misdemeanor.
Here, for misdemeanors, the victims/witnesses go to the magistrate's office with their facts and attempt to obtain warrants on suspects. The vast majority succeed.
Check with your clerk of court and see what the procedure is there. If your witness will testify that he/she saw the truck driven by d..a.. damage your yard and drive away without leaving information required by law, sounds like you have it made! Then I would let the truck owner know and give them the opportunity to fix the damage. If not.... bingo, sign warrants on the driver of the truck and/or sue the truck owner in a civil action.

jmc · Dec 31, 2003

My only claim against a trucking company, about 6 years ago, got me into their "claim procedure" that was nothing but a stall tactic. All contact via mail- no phones. Each round of contact required re-explaning the claim and digging up shipping records they already have in their files. It became apparent that the strategy was to wear the victim down. And it worked. Hope you fare better.

John

jayhawkRoy · Dec 31, 2003

Suggest you notify your Homeowner's insurance agent of a possible claim and get some repair estimates. I had a similar situation come up when a KFC delivery truck whacked guttering and roofing on my detached garage. The trucking company never owned up to the damage, even though their truck was the only one tall enough to cause the damage in the alley between my lot and the KFC store (only 18 wheeler to use the alley -- no other businesses used a truck that tall). I got the garage roof and guttering repaired through my homeowner's insurance and let the insurance company deal with the trucking company, rather than my trying to deal with their bureaucracy and stalling. Unfortunately, the insurance company's efforts to collect from the trucking company did no good, either. All claims were rejected. You at least have a witness and trailer number, so Roadway may be a bit more amenable, assuming the driver owns up to actually being at the scene of the incident.

Hoosier_Daddy · Dec 31, 2003

JayHawk,

I have State Farm. Their snotty attitude over the phone has provided me the opportunity to tell you that I will not have State Farm when my policy come due for renewal.

They showed their true colors over this small event when I asked them a simple question. Everything I have is insured with them. The only claim I have had with them for the past 10 years is a rear window on the pick-up that was broken when the ATV rolled forward. The ATV is also insured with them. I told them the State Farm Insured ATV beat up on the State farm Insured Truck.

But then, I guess all these Insurance Companies are the same.

MikePA · Dec 31, 2003

But then, I guess all these Insurance Companies are the same.
Wrong. I have State Farm homeowners and have had nothing but good experiences with them and, yes, I have had claims. I also have Liberty Mutual auto insurance and they've been great as well. Ditto on claims with them.

RobertN · Dec 31, 2003

Send the trucking company a USPS standard snail-mail letter outlining your claim. Although we all use email all the time, for work and personal stuff, it still is not as official as getting a written printed letter. You might even send it registered.

You might also start a log of your incident date, when letters were sent, who they were sent to, who you talked to on the phone and when. That way, if it drags out and they say they never got a letter, you can say "I talked to Joe Blow at 10am on Dec-29, and sent a letter addressed to his department the same afternoon; what do you mean you never heard my claim".

Richard · Dec 31, 2003

( You might even send it registered.
)

In my opinion, it should specifically be sent registered, and your logic is exactly why. (I'd not want to be Joe Blow if the letter disappeared and I was last signatory)

jayhawkRoy · Dec 31, 2003

Sorry to hear about State Farm in Indiana. Like MikePA, my experiences have been positive. I insured my first car with them in 1969. As a KS-MO border straddler, my properties and autos have been insured on both sides of the state lines. I have found that the Missouri State Farm underwriters seem to pull the "threat of cancellation" trigger much sooner than the Kansas guys, though. Don't know if it is due to state regulators or what. However, agents and claims reps have all been generally helpful and professional, particularly on deciding whether to actually file a claim or not. So much relies on the quality and attitude of the agent and claims folks.

Strongly recommend all your written communications with Roadway be mailed either registered or certified, return receipt requested. Costs more, but you establish that the company actually received the letter. This is particularly important if you end up in court, small claims or otherwise, over this.

Taylortractornut · Dec 31, 2003

I was talking to another deputy at the time, THe officer that shot himself had been run off from the next town over for harrassing a Highschool buddy then we paid for that lawsuit then he moved to the other town, I mistakenly found out from the officer I was talking to about the shooting all we heard was he had shot hims eld and I said he was probably practicing his quick draw in front of the big mirrior I hadnt seen it whne I was comming back from work its visible from the road. The other officer got a funny look to him and said how'd you know that. They hadnt told anyone what happened.
When I had my Car accident the officer incharge of the wreck didnt give the trucker a drug screen or mark the accident I was barley in the helicopter and they were towing my Jeep off. Later we found out If he hadnt let the driver get away his I wouldnt be stuck with the 40 000 dollar doctor bill.