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  #1  
Old 08-11-2003, 04:20 PM
SATELLITE
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Beginner who apologizes for her inexperience


Los Angeles, California

Please forgive my inexperience. I had no idea that caps were a way of screaming. I'll try once again, short and to the point to explain my question.

If I was in my truck, which is fairly high and hit a pole which is fairly low in a Mcdonalds' drive thru is there any chance that they could be at fault. I tried to file a report right after the incident but was misinformed and got the run around. Now I'm told, thru a third party of the company that they won't even file a claim to their insurance co.. Do I have any options?

Thanks for you patience and any advice.

Last edited by SATELLITE; 08-11-2003 at 04:26 PM.
  #2  
Old 08-11-2003, 05:01 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Beginner who apologizes for her inexperience


Quote:
Originally posted by SATELLITE
Los Angeles, California

Please forgive my inexperience. I had no idea that caps were a way of screaming. I'll try once again, short and to the point to explain my question.

If I was in my truck, which is fairly high and hit a pole which is fairly low in a Mcdonalds' drive thru is there any chance that they could be at fault. I tried to file a report right after the incident but was misinformed and got the run around. Now I'm told, thru a third party of the company that they won't even file a claim to their insurance co.. Do I have any options?

Thanks for you patience and any advice.


My response:

First, I want to thank you very much for re-writing your post using lower case letters. Now, I can read it!

Okay, I'm trying to understand your logic. What I don't understand is why you believe that McDonald's is negligent for your driving skills, your damages to your truck, and why you didn't see the pole.

Where is their negligence?

Are you saying that they're responsible for protecting their property from drivers like you? Are you saying that they're responsible for the size of the vehicle you chose to drive? Are you saying that the vehicle code of California is wrong when it says that you are responsible for your driving when you get behind the wheel? Are you saying that Civil law doesn't make you responsible for the damages you caused to their pole?

Please explain.

IAAL
  #3  
Old 08-11-2003, 06:41 PM
SoHereIAm
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First let me say I am not a laywer. As you can tell from my posts.

However I worked for that CO. for about 13 yrs that was 6 years ago. But anyway that does happen alot I promise you. If that makes you feel any better. But did they say you had to pay for anything? If the damage on the truck was not alot I would let it be and not even file it w/ your insurance Co. becuase then that would go up. Wasn't there a sign that was up above that said the clearance? I am thinking this is what you hit. Normally they have these and they should swing around when you hit it. It is just to let you know that you would not be able to find under the over hang of the buliding. Now if you would of hit the buliding that would of been a whole other story. McDonalds Will not pay for your vehicle. And noramally they do not come after the person that has hit thier sign. Unless of course you hit more then one sign. They will however send in the claim for the buliding to thier insurance co. But times have changed.

I hope no one yells at me. Do you guys get the feeling I am afraid of you!!!!

So
  #4  
Old 08-12-2003, 11:53 AM
SATELLITE
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Reply to I AM ALWAYS LIABLE


Isn't it great to be so intelligent All those years at school weren't wasted. But you should have gone to charm school to, because your charm is sorely lacking.

You don't know me or my driving skills. You don't know how tall my vehicle is or how high the pole is. You wouldn't read my explaination because it was in "CAPS" so how do you know the whole story.

I how your clients are more patient at taking your wonderful advice. Oh! Excuse me you didn't give any!!!!

Thanks for nothing
A Beautiful Redhead
  #5  
Old 08-12-2003, 12:10 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Reply to I AM ALWAYS LIABLE


Quote:
Originally posted by SATELLITE
Isn't it great to be so intelligent All those years at school weren't wasted. But you should have gone to charm school to, because your charm is sorely lacking.

You don't know me or my driving skills. You don't know how tall my vehicle is or how high the pole is. You wouldn't read my explaination because it was in "CAPS" so how do you know the whole story.

I how your clients are more patient at taking your wonderful advice. Oh! Excuse me you didn't give any!!!!

Thanks for nothing
A Beautiful Redhead

My response:

Okay, now that you're done being emotional, and screaming, yelling, crying, and being a typical woman, perhaps you'll help yourself by answering my questions. Those questions are just the tip of the iceberg of the questions you're going to have to answer anyway, at some point, if you want to understand the law.

I'm trying to help you and prepare you. If you can't see that, then by all means, stay ignorant. There's a lot to be said for being an ostrich, too!

Understand, though, that at some point you'll be answering those same questions to someone, and more.

IAAL
  #6  
Old 08-12-2003, 12:14 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
>>>>>Houston, I think we've lost a satellite, over>>>>>>>>>>
  #7  
Old 08-12-2003, 02:29 PM
SoHereIAm
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Posts: n/a
Sorry I thought I was helping her out by giving my point of view. Maybe I better leave it you guys.

Just the fact that I worked for the CO. and have plenty of friends that still do I sort of know how they do things. Since while I was a manager there this happened ALOT!

And if I am not mistaken, if you have a very small amount a damage on your vehicle( I guess thats a matter of opinon) that it is better not to claim it as your insurance costs will rise?

If she wants a answer from someone who works in the main office in her state I can get that for her. I can make a call and find out from a friend what they do in that case. Which as I said I am almost possitive they do not make you pay for anything. But as was told you will end up in the long run paying for your own damages to your truck. But if you want I can make the call.

Sorry if I am stepping on toes here. I do not mean to.

So
  #8  
Old 08-13-2003, 09:24 AM
Member
 
Join Date: Mar 2003
Posts: 584
And nobody has mentioned the important facts.

Is there a sign hanging on the pole that tells you how high it is?

Go grab a tape measurer and check it. If its less than what is said on there and your vehicle is lower than the posted height you can go to court, sue, and win.

Why do you think there are signs in commercial parking lots specifying the clearance?

"Are you saying that Civil law doesn't make you responsible for the damages you caused to their pole?"

If the vehicle is lower than the posted height then no, you are not responsible.. in fact, they are. But I'm sure that's what you meant..

There was a case like this on another board I hang out at, the sign said 6'6 but it was 6'4.5. The owner's truck measured at 6'5.5. Went to court, won.
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