D
darkpaw
Guest
Hi, all. Any help in this would be appreciated...here's
the story.
During the last week of December (2000) I was out of
state visiting relatives. I live in a private subdivision
in New Hampshire. Our roads are plowed via a contracting
company, contracted through the subdivision landlord...
there are no public plows on this property.
When I returned home, I found a rather obvious hit to
one of my cars from one of their plows. I have pictures
of it, and immediately informed my insurance company, in
case I need their help. For the time being, I am persuing
it by myself.
Here's the trick. Clearly it's circumstantial evidence
(I have VERY clear pictures showing both yellow paint,
and a straight line crack (up-down) where it was hit),
but my insurance company thinks that I have a good chance
of getting this issue won in court, if need be. The
contractor's insurance company told me that they are denying
liability (naturally) in the incident, and that I did it
myself. I have witnesses that I was out of state, and
that the car was not damaged before I left. I have a
statement (can get it in writing, no problem) from my
landlord that this is not the first time even THIS YEAR
that this has happened...so the company has a history of
collisions.
Now...even though it's circumstantial, what do you think
my odds are, since their insurance company clearly will
not pay it? I have the pictures, the statements, and wish
to persue getting the company's history via their insurance
company.
Another thing to note...their insurance company
("Traveller's Insurance") is obviously refusing to
cooperate. Is there a way I can subphoena the claims
history for this company? If so, how? I choose to
represent myself, since this will obviously end up in
small claims court (probably less than $500 damage) only.
As representing myself, should I not be given the ability
to subphoena information as a lawyer would? If not, why?
Any help in this would be appreciated.
Cheers.
the story.
During the last week of December (2000) I was out of
state visiting relatives. I live in a private subdivision
in New Hampshire. Our roads are plowed via a contracting
company, contracted through the subdivision landlord...
there are no public plows on this property.
When I returned home, I found a rather obvious hit to
one of my cars from one of their plows. I have pictures
of it, and immediately informed my insurance company, in
case I need their help. For the time being, I am persuing
it by myself.
Here's the trick. Clearly it's circumstantial evidence
(I have VERY clear pictures showing both yellow paint,
and a straight line crack (up-down) where it was hit),
but my insurance company thinks that I have a good chance
of getting this issue won in court, if need be. The
contractor's insurance company told me that they are denying
liability (naturally) in the incident, and that I did it
myself. I have witnesses that I was out of state, and
that the car was not damaged before I left. I have a
statement (can get it in writing, no problem) from my
landlord that this is not the first time even THIS YEAR
that this has happened...so the company has a history of
collisions.
Now...even though it's circumstantial, what do you think
my odds are, since their insurance company clearly will
not pay it? I have the pictures, the statements, and wish
to persue getting the company's history via their insurance
company.
Another thing to note...their insurance company
("Traveller's Insurance") is obviously refusing to
cooperate. Is there a way I can subphoena the claims
history for this company? If so, how? I choose to
represent myself, since this will obviously end up in
small claims court (probably less than $500 damage) only.
As representing myself, should I not be given the ability
to subphoena information as a lawyer would? If not, why?
Any help in this would be appreciated.
Cheers.