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the hot dog nightmare

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D

Diezy

Junior Member
What is the name of your state (only U.S. law)? Mass.
On July 3, 2010 a client of golds gym ran over my electrical box that was to supply electricity to run my hot dog trolley trailer. It has been five months I recently received a check to replace the broken electrical meter, I also had loss of income wage, gas, ice, and a generator that I filed for compensation, commerce insurance (the clients insurance comp) will settle for 8,000.00 my loss is to date at 17,050.00. My question is,,,
If I accept the ck for only $8,000 can I file a 93a in small claims for additional damages that are not included in the $8,000.00 claim? I really need to get the business back on board and the money will help now yet I feel I am due for the total compensation. Diane
 


A

Antigone*

Senior Member
Diezy said:
What is the name of your state (only U.S. law)? Mass.
On July 3, 2010 a client of golds gym ran over my electrical box that was to supply electricity to run my hot dog trolley trailer. It has been five months I recently received a check to replace the broken electrical meter, I also had loss of income wage, gas, ice, and a generator that I filed for compensation, commerce insurance (the clients insurance comp) will settle for 8,000.00 my loss is to date at 17,050.00. My question is,,,
If I accept the ck for only $8,000 can I file a 93a in small claims for additional damages that are not included in the $8,000.00 claim? I really need to get the business back on board and the money will help now yet I feel I am due for the total compensation. Diane
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It all depends on the terms of your settlement.
 
justalayman

justalayman

Senior Member
what do you mean "loss to date". Your loses should have ended within probably a week of the accident.

Just what kind of electrical box do you have that cost $8k?

Then, what could possible add up to another $9k in damages?
 
D

Diezy

Junior Member
justalayman said:
what do you mean "loss to date". Your loses should have ended within probably a week of the accident.

Just what kind of electrical box do you have that cost $8k?

Then, what could possible add up to another $9k in damages?
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the accident happened July 2,2010 The loss does not end when you have no meter box/electricity for 5 months and I had to rent a generator daily buy ice for the fridge and gas for the generator. Also I never opened for the first 6 weeks as I assumed I was getting the meter. the meter was quoted at 2,400 the 6 weeks out of business and gas ice a generator adds up. Due to commerce negligence on Nov 11, my line froze, cracked my hot water tank broke my triple bay sink faucet and a 2 inch leak in the trailer. if you research hot dog vendors you will become familiar with the proceeds. I own three and am buying a fourth next spring, my books for the month of July and August in another unit was $12,000.00 thats $6,000.00 per month for one trailer .
 
E

ecmst12

Senior Member
You are a business owner with losses greater then the small claims court limit. Question one, WHY have you not hired a lawyer yet?

Question two, WHY were you not properly insured against this kind of loss?
 
justalayman

justalayman

Senior Member
Diezy said:
the accident happened July 2,2010 The loss does not end when you have no meter box/electricity for 5 months and I had to rent a generator daily buy ice for the fridge and gas for the generator. Also I never opened for the first 6 weeks as I assumed I was getting the meter. the meter was quoted at 2,400 the 6 weeks out of business and gas ice a generator adds up. Due to commerce negligence on Nov 11, my line froze, cracked my hot water tank broke my triple bay sink faucet and a 2 inch leak in the trailer. if you research hot dog vendors you will become familiar with the proceeds. I own three and am buying a fourth next spring, my books for the month of July and August in another unit was $12,000.00 thats $6,000.00 per month for one trailer .
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How long did it take to get the electrical repaired? What could have taken 5 months to get the electrical repaired? I cannot imagine anything taking 5 months.

By chance, since the electrical service is a fixed unit, is this area viewable on Google Earth street view. I would love to see this electrical box that is the problem here.


You refusing to open caused damages that are not compensable. You are required to mitigate your damages. You did that with the generator so you proved that was a practical method to mitigate damages. As such, lost income because you remained closed causes losses that are your fault.

as to the damages: again, you failed to mitigate your damages. If the weather was cold enough to freeze something and damage it, you had to make an effort to prevent that from happening.

So, you were owed the $2400 for the electrical (still can't figure out why it would take 5 months to get it fixed) and the costs incurred such as the ice and generator and fuel to replace the electrical power source. You are only owed for the time it actually took to have the power fixed.


You would have to subtract the normal electrical bill since that is something you would have had to pay but didn't because you were using the alternate power source.

Any loss of sales for more than a couple days is not going to be compensable. By that time you should have had an alternate power source in place. Also, you cannot compare the sales of one unit to another and claim the both should have made the same amount of money. You will have to use the sales of the damaged unit as a basis for damages due to loss of sales.
 
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