Property Damage

[cindycb]

What is the name of your state (only U.S. law)? Indiana
I had an electrician from Dale Hubbard Electric Co. hit my sons basketball goal not once but twice with his van while he was at my house. Then he dropped the goal on concrete after he took the sand bags off of it while trying to move it. After all was said and done he than hit with his van my landscaping boulder and dragged it across my yard tearing it up. i know he was embarrasssed so when he was leaving he told me he would have the office just send me a bill for a service call. Well my son's goal was new and obviously i was upset the goal is messed up so i called the company and spoke with the owner who told me to go purchase another one and send her the receipt and she would take care of it. I purchased one and sent her the receipt-mind you it is the exact same goal-. It had been 21 days and i heard no word from the company so I sent her another fax. Finally today i received a call from her stating that she was going to send someone out to pick up the old basketball goal. I asked her why she wanted it. She told me her insurance company wanted it----Why would her insurance company want his old broken goal? I told her she could not have it i have already given it to someone less fortunate. Now i believe she is not going to pay me for the new goal. Can she do this. That is like when my son broke the neighbors sliding glass door window- i paid for it. I did not tell her i needed her old door or she was not going to get her money. Is this legal?----------P.S. After i called the electric company with my complaint i got a bill for the total cost not just the service call.
Thanks Cindy:

 

[justalayman]

she is correct. You do not get the benefit of having 2 basketball goals. You had one to start with and if the business replaces it, they get the old one.


let me explain is a situation you might be more familiar with:

when a car is totaled, the insurance company pays you for your loss and they take title to the car. If they left the car in your possession, you would have the money representing the value of the car AND you would have the car. Now, with a car, there is value in the old car so it makes it easier to understand why the insurance company would want the car but it is still the same principle. You got your new goal, you don't get both. That would give you the value of the new goal AND the value of the old goal.

Why they want the goal is irrelevant. Maybe the boss wants to put it in her back yard. Maybe she want to shove...nevermind about that one.

Regardless, she is entitled to possession of whatever she is replacing and if you fail to give it to her, she may not be able to refuse to pay for the new one but she would definately be due a discount on her cost of the new goal.