Do I have a legitimate case for small claims?

[carla337]

About 3 months ago, My husband, brother, sister-in-law and myself went to my aunts house for a halloween party in our minivan. It is about a 20 minute drive from where I live (West Warwick, RI) to where she lives (Warwick, RI). There was some sewer manholes on the sidestreet we took near my aunts house that were lifte up a bit. This was at night and one of the manholes hit the bottom of my car and struck the transmission pan (we were not aware of this at the time). Everyone in the car heard a "thump" but then we continued since the car seemed fine and we were on block from the house. Once we were in the house, the guests that arrived after us asked "who's car is the minivan because it is leaking oil all over the place". We called the cops and filed a report and they told us to submit a claim to the town with photos of the manhole and the trail of oil leading to our car. We did that. The town turned the claim over to D'Ambra Construction (huge company). They recently denied my claim ($323 in damages) stating they took all neccessary precautiions. Do I have a case??????

 

[JETX]

You may have a case against the Construction company, but you need to ask yourself is it worth the cost and time for $323.00.

If you decide that it is, you need to do the following:
1) WRITE the city a letter detailing your complaint and ask them to investigate and advise who, if anyone is responsible. The reason you are doing this is you need some written documentation to show that you have contacted the city and that they have decided that XXX Construction company was liable (or at fault).

2) Write the construction company a letter (Certified RRR) detailing your claim. Ask them to investigate and advise in writing the results of their investigation. (Sometimes a letter makes them 'rethink' their position).

3) Get copies of all photos, repair bills, letters, etc. needed and put them in a secure place. (I have had several cases where evidence disappeared in a hard drive crash).

4) Contact your local court and ask for a 'complaint package' of forms and instructions for Small Claims.