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nickstafford

Guest
What is the name of your state? VA, but this happened in TN


I was driving on my motorcycle Friday night and hit a couple of cardboard boxes. The boxes shattered and I pulled off on the side of the road. Fortunately there was a marked sheriffs deputy that was behind me who say the boxes and the continents he pulled off to see if I was ok. The boxes shattered one of my mirrors. The officer the stopped traffis so he could move the boxes and continents out of the road. Inside the boxes were KFC straforam conatiner (like the put mashed potatoes in) I am wondering where do I go from here to seek rembursment for the mirror.?

Thanks

Nick
 


HomeGuru

Senior Member
nickstafford said:
What is the name of your state? VA, but this happened in TN


I was driving on my motorcycle Friday night and hit a couple of cardboard boxes. The boxes shattered and I pulled off on the side of the road. Fortunately there was a marked sheriffs deputy that was behind me who say the boxes and the continents he pulled off to see if I was ok. The boxes shattered one of my mirrors. The officer the stopped traffis so he could move the boxes and continents out of the road. Inside the boxes were KFC straforam conatiner (like the put mashed potatoes in) I am wondering where do I go from here to seek rembursment for the mirror.?

Thanks

Nick
**A:
1. I have never seen a cardboard box shatter.
2. the cost of your mirror should be under your insurance deductible.
3. Why would KFC be responsible?
 
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nickstafford

Guest
#1 shat·ter

v. shat·tered, shat·ter·ing, shat·ters
v. tr. To cause to break or burst suddenly into pieces, as with a violent blow.

To damage seriously; disable: His health was shattered by the disease. To cause the destruction or ruin of; destroy: The outcome of the conflict shattered our dreams of peace and prosperity.

v. intr.
To break into pieces; smash or burst. See Synonyms at break.

n. The act of shattering.
The condition of being shattered.
A splintered or fragmented condition. Often used in the plural: a rare piece of porcelain now in shatters.



#2 insurance deductible is 100.00 mirros cost 40.00


#3 why wouldnt they? its not like it was a burger king box,

isnt a gravel 18 wheeler at fault if they drop a rock off their load?

yes, ONLY if you can prove it wasnt a road hazzrd (already there) and it came off the truck ,
its not like KFC boxes just fell out of the sky. It came off a KFC truck that failed to secure its load



thanks

nick
 

JETX

Senior Member
Short and simple.
You have no case. The damages were caused by a 'road hazard' and you have no way to prove who caused that hazard.

Your comparison of a rock and truck simply doesn't hold. If you see the rock fall from the truck and cannot avoid it, the driver or trucking company could be liable. However, if a vehicle 'kicks' up a rock from the road, that vehicle driver or owner is NOT responsible.

Your situation was... there was a road hazard and you did not avoid it. You incur the cost of repair.

Finally, even if you did have some far-fetched case for negligence in properly securing a load..... who would you file your lawsuit against?? You have no PROOF of who actually might have been negligent. You can't file against your local KFC store, since it is very likely a franchise and has nothing to do with 'shipping' container boxes. In fact, the boxes very likely fell from a contract hauler, and you can't prove who that was.

Simply, you have no case... and no defendant.
 

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