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inneedofhelp319

Don't know how to proceed town is putting me off

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On March 19,2013 at 4:45 am while during a snow storm 2 of my parked motor vehicles were hit by a town plow truck, one was totaled, one with minor damage. This accident also involved a bob cat skid steer owned by a local landscaper that was being driven on the road to do snow plowing at a different location. The town truck that hit my cars and did the damage first hit the skid steer and bounced of into my cars. My first thought was that the town was responsible and would play for my damages. Time passed and I kept checking with the town attorney only to find out that they were trying to pass the blame on to the landscapers insurance company. The skid steer was driven by an unlicensed driver and to the best of my knowledge should not be on the road. I then received a letter from the landscapers insurance company denying all responsibility now I'm back talking to the town attorney again and going nowhere. My truck that was totaled is in the body shop lot since March with over $10,000 in storage at $65.00 dollars a day. I think I need a lawyer, but why should I have to incur any legal expenses when I am not at fault in any way. How is the lay person supposed to know what options are available to him to resolve such a matter? Any help would be greatly appreciated. Thank you

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 I think I need a lawyer, but why should I have to incur any legal expenses when I am not at fault in any way.

 

Simple. Because you'll never see a nickel if you don't get a lawyer.

 

 

 How is the lay person supposed to know what options are available to him to resolve such a matter?

 

You come here and ask questions, like you are doing now.

 

By the way, didn't you have collision coverage?

 

If you do have collision coverage, turn the claims over to your own insurance company.

 

Should have done that in March when you first started getting the run-around.

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First of all, you cannot reasonably expect to be compensated for storage charges for a "totalled" car to the tune of $65 per day for nearly six months (and with no apparent end in sight).

 

Second, how did you determine that the one car is "totalled"?

 

Third, how has your insurance responded to your claims regarding the damage to your vehicles?  Or did you not carry insurance that would cover this damage?

 

Fourth, in what state did this happen?

 

Fifth, I don't think the question you asked is what you really intended to ask.  Rather, I suspect you intended to ask what your options are.  Unfortunately, you're not going to like the answer.

 

As you probably know, when a driver's negligence results in damage to another vehicle, the driver is liable for the damages.  For this reason, as far as I know, every state requires drivers to carry liability insurance.  Your problem is that the driver whom you claim to have caused the damage was driving a "town plow truck" and, presumably, was employed by the town.  Governmental entities are protected against claims of this sort by immunity laws.  You didn't identify your state, so I can't give you any specific information.  However, immunity laws usually allow claims where a governmental employee's negligence result in damages to the property of another when the employee is in the course and scope of his employment.

 

That's the good news.  The bad news is that, in order to pursue this sort of claim, one typically must submit a specific, written claim within a relatively short period of time.  It may be as short as 30 days.  It might be 6 months or even longer.  Did you make a proper, written claim to the town in your case?  If not, and if the deadline has passed, you may be barred from suing the town.

 

You also said someone else was involved and that this other driver may also have been driving in the course and scope of his employment.  You may have a viable claim against that driver and his employer.  If the employer employed this person to drive when the person was not licensed to drive, that would be good news for you.

 

So, the starting point for you is your own insurance.  If you have appropriate coverage, you may have a deductible, but your insurer should assist you in getting that back from the at-fault parties.  If you didn't have appropriate coverage, now you know why you should have had it.

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I think I need a lawyer, but why should I have to incur any legal expenses when I am not at fault in any way.

 

By the way, this is an incredibly pointless question.  Let's pretend that your cars got hit but it was a hit and run and you had no way of finding who did it.  You'd have to pay to get your cars repaired even though you were not at fault, right?  "Why" is irrelevant.  If you want the services of an attorney (or any other professional), you'll have to pay for them.

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Guest FindLaw_Amir

I think I need a lawyer, but why should I have to incur any legal expenses when I am not at fault in any way. How is the lay person supposed to know what options are available to him to resolve such a matter?

 

As the previous poster stated, this is an issue you may want to discuss with a local Lawyer to address and to advise you on how to proceed with your specific claim.

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adjusterjack

The truck that was totalled was a 1997 and in excellent shape with very low miles. It is used on a limited basis in the winter. Collision was dropped years ago. I have been driving for 40 years with no accidents or tickets and was playing the odds. The cars is 2 years old and fully insured, It sustained damage to the front grill which I replaced on my own.

Pg1067

In regard to storage charges. When the accident occurred at 5:00am the police were called and had 3 flat beds sent to the scene to clean up the mess. At the time I was asked where I wanted my truck to go and knew of a local body shop and had it sent there. My truck was pushed 10 feet across a curb and thru a fence. The doors could not be opened nor the hood. I live in a co-op and have no room for storage of a wrecked vehicle. I was told by the body shop where it was taken that the total repair bill was about $18000.00 and the book was about $2500.00 I was aware that the most I would get was the book value.

I live in New York and the town I live in is self insured.

In the event of a hit and run I understand I would lose any value in my truck, the luck of the draw. I also would of disposed of it immediately. The fact that it happened like it did and it was a town truck why shouldn't I try to recoup my loss. My other car would of been repaired thru my insurance company, it is fully insured. I guess not being exposed to this sort of thing on any regular basis I assumed the town would do the right thing and take care of their responsibilities. You know what happens when you assume. Maybe I can assume to pay my taxes.

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Even if you sue, you will NOT recover storage costs on a totaled vehicle.  You are only entitled to the actual value of the vehicle (blue book) or cost of repair, whichever is less.  You want to pay for storage and to get the vehicle repaired, that is your choice but it's also on your dime.  Consult counsel. 

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I think I need a lawyer, but why should I have to incur any legal expenses when I am not at fault in any way.

 

The lawyer knows how to pursue the negligent parties and you don’t. Because of that that what you'll likely recover with a lawyer will be more than you can get on your own, even taking into account legal fees, at least when the potential damages are significant. When people have knowledge that you need, you pay them for their expertise. Had you been injured in some accident that was not your “fault,” would you complain about paying the doctor his fees to treat you? You need his/her skills to treat you, and you pay for that. Going to a lawyer is no different.

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