Bullseye on wheels again

[Haley3]

Hi IAAL,

Well, here we go again...
I was visiting Osprey, Florida over the 4th of July weekend. On Monday July 3rd at 11:30pm, I was driving back to my hotel on a 2 lane city road in the left lane (South Tamiami Trail to be exact).
I had just passed the hotel and was heading to a gas station when something huge and very hard ran INTO the drivers side tire. The force of the impact pushed my car (2 door Dodge Neon) to the far lane, where I was somehow able to straighten the wheel and stay on the road.
Initially, it felt like I had a hit a brick or a semi-tire - however, I did not see anything in the road!!
I turned around and headed north but did not see anything in the road where the impact took place (it was dark though). I didnt see the full extent of the damage until the morning. The animal (what looks like hairs are still stuck in the front hubcap- no blood though) damaged and cracked the front, drivers side bumper and the rear of the car directly behind the drivers door is smashed in...
State Farm has estimated $2325 in damages. I have to pay a $500 deductible however and 20% of a car rental for 4-5 days...

My question is this: should I contact animal services and find out if a dead animal was picked up that night? and if that animal has an owner can I sue the owner for not having it contained???

or should I just chalk this up as just another example of how completely unlucky I am???

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Hi IAAL,

Well, here we go again...
I was visiting Osprey, Florida over the 4th of July weekend. On Monday July 3rd at 11:30pm, I was driving back to my hotel on a 2 lane city road in the left lane (South Tamiami Trail to be exact).
I had just passed the hotel and was heading to a gas station when something huge and very hard ran INTO the drivers side tire. The force of the impact pushed my car (2 door Dodge Neon) to the far lane, where I was somehow able to straighten the wheel and stay on the road.
Initially, it felt like I had a hit a brick or a semi-tire - however, I did not see anything in the road!!
I turned around and headed north but did not see anything in the road where the impact took place (it was dark though). I didnt see the full extent of the damage until the morning. The animal (what looks like hairs are still stuck in the front hubcap- no blood though) damaged and cracked the front, drivers side bumper and the rear of the car directly behind the drivers door is smashed in...
State Farm has estimated $2325 in damages. I have to pay a $500 deductible however and 20% of a car rental for 4-5 days...

My question is this: should I contact animal services and find out if a dead animal was picked up that night? and if that animal has an owner can I sue the owner for not having it contained???

or should I just chalk this up as just another example of how completely unlucky I am???<HR></BLOCKQUOTE>

My response:

Well, at least you're alright.

For the costs you'll being paying, I'd say, yes, it's worth a phone call or two. It could have been a wild animal also and, in that case, well . . . you know. If someone can identify an owner of a domestic animal, then yes, you could make a claim for reimbursement of your expenses.

How's the other matter coming along. Any news?

IAAL




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[MessyMe]

Haley, are you wearing a helmet? Man, oh, man--- If you still have any of the hairs from the self-destructive critter, try taking them to any local Vet's office, they can identify pretty quickly... In the case of either a pet, or wild animal, ours went nuts over the fireworks noise, sorry, that didn't help much, The year 2000 has GOT to be better... by 2001... Good Luck!!!

 

[Haley3]

Hi IAAL,

I haven't been able to track down the wild boars' owner so there goes $500.00 out the window

As for my other case - I have 66 days left until the mediation

things can only better right? RIGHT!?!?!?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
Hi IAAL,

I haven't been able to track down the wild boars' owner so there goes $500.00 out the window

As for my other case - I have 66 days left until the mediation

things can only better right? RIGHT!?!?!?<HR></BLOCKQUOTE>

My response:

Just a thought. God forbid that you should get defensed, Haley. I can see it now . . . both of your hands are going to reach through my monitor and strangle me.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Haley3]

"Get Defensed?" &lt;---what the heck does that mean?!?!
I'm afraid to hear an explanation but I think I need one...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
"Get Defensed?" <---what the heck does that mean?!?!
I'm afraid to hear an explanation but I think I need one... <HR></BLOCKQUOTE>

My response:

In every litigation there are always two sides to every story - - that's why we have courts, and litigation is never a guarantee of winning. In litigation, and because one side has to win, and the other side has to lose, a "losing Plaintiff" is said to have been "defensed" by the Defendant and Defense counsel.

My comment was not a premonition, and I still believe you're going to win your case. The only toss-up in this equation, and always has been, is "how much" you will win, and then net (the money in your pocket) after medical costs, attorney fees, and litigation costs are deducted.

But, there's always the chance of losing altogether, as slim as that might be in your case.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 06, 2000).]

 

[Haley3]

IAAL, I love ya - but please dont add insult to injury! I have been through enough the past couple of months...

The guy who hit me was given 2 tickets by the police AND he totalled my car. I dont see how I could lose.

As for the settlement - YES! I WILL be one pissed off young lady if I Dont get more than I deserve - after going thru all this crap!

...til then IAAL!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
IAAL, I love ya - but please dont add insult to injury! I have been through enough the past couple of months...

The guy who hit me was given 2 tickets by the police AND he totalled my car. I dont see how I could lose.

As for the settlement - YES! I WILL be one pissed off young lady if I Dont get more than I deserve - after going thru all this crap!

...til then IAAL!

<HR></BLOCKQUOTE>


My response:

YIKES !!

I'm headin' for the hills right now, to get a good head start. I always plan ahead.

"My Wife" by the "Who" - -

"Gonna buy a fast car
Put on my lead boots
And take a long, long drive
I may end up spending all my money
But I'll still be alive."

Perhaps Lars would like a "camping buddy"?

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Haley3]

...I think "Witchy Woman" by the Eagles will be my theme song!

 

[Haley3]

back to the boar...

The Department of Transportation in Osprey, Florida confirmed that it was indeed a wild boar. They picked up what was left of it later on that night.

The woman I spoke with at the D.O.T said "pigs run wild thru that area ALL the time." Hmmmm - why weren't there any signs posted, warning drivers of suicidal boars??
(sounds funny-but I'm serious)

DO you think the D.O.T should be held responsible for my damages?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Haley3:
back to the boar...

The Department of Transportation in Osprey, Florida confirmed that it was indeed a wild boar. They picked up what was left of it later on that night.

The woman I spoke with at the D.O.T said "pigs run wild thru that area ALL the time." Hmmmm - why weren't there any signs posted, warning drivers of suicidal boars??
(sounds funny-but I'm serious)

DO you think the D.O.T should be held responsible for my damages?

<HR></BLOCKQUOTE>

My response:

Haley, you'd have to file a proper claim with the Governmental entity. Animal Crossing signs are "regulatory" and not mandated by law. Therefore, the town, or State was under no law to erect any signs. Even if there was a law, most entities have immunities that would choke a horse. That's not even taking into account your costs to litigate this matter.

As much as it hurts, you may just have to "eat" this one (the money that is, not the boar).

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."