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Garbage men damaged my car

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andy_in_pa

Guest
What is the name of your state? PA

I parked my car outside my house on Sunday night, after my neighbors had put their garbage out. Although I park on the street, it's a quiet street in a small town. I know my car was undamaged at this point because I unloaded some items from the back of the car, and my neighbor was on her front porch talking to myself and my wife. Had the subsequent damage been done at that point, one of the three of us would certainly have seen it.

When I returned to my car the following lunchtime (after garbage collection) there was an 8 inch scratch along the rear bumper on the kerb side. There was also garbage in the street, as well as dust an debris around the area my car was hit. Although nobody saw it happen, it's pretty clear that one of the careless garbage collectors whacked my car with a garbage can.

I immediately went to the police station and had an officer make out a report. The officer is also going to call the garbage company and try to see if they will accept responsibility (which, being honorable people, they will immediately do - NOT!). The damage is estimated at between $250 and $300. My insurance will cover it with a $100 deductable, but what happens next week if they hit my car again? Should I keep swallowing $100 deductables, or sue the company in the hope that the hassle of small claims court will push them to reign in their careless employees - even if I have only a 50-50 (or less) chance of winning? I would like to sue the borough since they hired these lousy garbage men, but I think they have immunity. (I think the garbage men could be considered 'agents' of the borough if it were not for the immunity law)

I know this is a fairly trivial matter compared to some of the problems people on this forum are faced with, but any advice would be gratefully received.

Thanks.
 


HomeGuru

Senior Member
andy_in_pa said:
What is the name of your state? PA

I parked my car outside my house on Sunday night, after my neighbors had put their garbage out. Although I park on the street, it's a quiet street in a small town. I know my car was undamaged at this point because I unloaded some items from the back of the car, and my neighbor was on her front porch talking to myself and my wife. Had the subsequent damage been done at that point, one of the three of us would certainly have seen it.

When I returned to my car the following lunchtime (after garbage collection) there was an 8 inch scratch along the rear bumper on the kerb side. There was also garbage in the street, as well as dust an debris around the area my car was hit. Although nobody saw it happen, it's pretty clear that one of the careless garbage collectors whacked my car with a garbage can.

I immediately went to the police station and had an officer make out a report. The officer is also going to call the garbage company and try to see if they will accept responsibility (which, being honorable people, they will immediately do - NOT!). The damage is estimated at between $250 and $300. My insurance will cover it with a $100 deductable, but what happens next week if they hit my car again? Should I keep swallowing $100 deductables, or sue the company in the hope that the hassle of small claims court will push them to reign in their careless employees - even if I have only a 50-50 (or less) chance of winning? I would like to sue the borough since they hired these lousy garbage men, but I think they have immunity. (I think the garbage men could be considered 'agents' of the borough if it were not for the immunity law)

I know this is a fairly trivial matter compared to some of the problems people on this forum are faced with, but any advice would be gratefully received.

Thanks.
**A: fix it once and pay the required deductible. Then find a safer and better parking space.
 

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