Local company damages truck, refuses to pay.

[dlancep]

My truck was damaged by a fork lift operator at a turf grass company. The grass company says they are not liable because they have a sign posted stating that they assume no responsibility for damage to vehicles but they did admit that their fork lift operator damaged my truck. They offered me $30 to go away, but the esitmate for repair was $281 and they refuse to pay it. Do I have a case for small claims court? Does thier sign excuse them from all legal responsibilty

State: Texas

Thank you for your advice.

 

[JETX]

Need more facts. Where were you parked???

If you were parked in an illegal area or where parking is not allowed, you will have to be responsible for a part, if not all, of the damages.

However, if you were parked were allowed or directed, AND the forklift operator was negligent, then you might have a case against the turf company and/or the driver.

 

[dlancep]

I had purchased grass from the company and they had directed me to the back loading area where I parked my truck and got out of it. The fork lift operator loaded my truck while I stood there and watched after which point I got in my truck and left. One hour later I noticed the damage and went back to the company to discuss the repair.

This was also the second time I had picked up grass from the company. The first time the fork lift operator loaded my truck without any damage at all. The second time, the fork lift operator used a large ram on the front of the forks that was too wide for my truck bed and dented and scraped in one of my wheel hubs in my truck bed.

The manager admitted the damage was from the fork lift and offered me $30 saying that he used to work in a body shop and he knew that the dent repair would not be more than $30. I refused the money and told him I would bring him an estimate for actual repair costs. He said he didn't care about the estimate and his offer of $30 would be his final offer.

I went over his head to their main office and they told me to fax over the estimate. I faxed them a professional estimate for $281. A week later the head office told me they would not handle the problem at their level and had forwarded my estimate back to the local office and I should call him. I called and he confirmed that he still would not pay the estimate and his offer of $30 still stood and for me to come get it. He says he doesn't even have to give me the $30 because he has a sign posted that excuses him from legal obligation.

Do I have a case? And this sign of theirs, can they really excuse themselves of legal obligation? If so, then everyone should be able to avoid the law by simply hanging a sign up. This is not right.

 

[JETX]

Assuming the facts as you stated them, they are liable for the damages... the sign would not protect them from their negligence.

I would suggest that you write both the local and the 'main' office, sent Certified RRR. Detail the circumstances of the accident (you parked where told for loading), the damages incurred (include your estimate) and ask that they arrange for repairing your truck. Give them a reasonable time for response (5 business days??).

Then if they do not respond, or still refuse to repair your truck, take them to Small Claims court.