Negligence and Property Damage

[Ravenquill]

State: PA
Case Type: Negligence and Property Damage
Against: Insurer ( Zurich ) for Penn Line Services Company
Date: 10/16/01

?: what dollar amounts can I realistically seek for Negligence portion of this Claim?


I am encountering unethical behavior from both Penn Line Services Company and from Zurich, their Insurer. Improper handling of claim, and extremely untimely attention to claim.
I have a Claim for Property Damage ( to my Vehicle and some contents of vehicle ), and am interested in additional Punitive and Compensatory Damages due to clear Negligence on the part of Penn Line Services Company ( as well as their untimely, problematic handling of this claim. )
Basic Description:
Penn Line was subcontracted by Texas Eastern Pipeline to do brushcutting maintenance. TE has property rights for maintenance of their equipment on this property and surrounding properties. This activity took place in a small Residential Mobile Home Park, very close to residences. The owner of the Park was not given prior notice. The Residents of the Park were not given either prior notice or any warning of the extremely dangerous work which was to be performed on Oct. 16th.
Penn Line Services Company performed work with a powerful chewing, chomping, piece of equipment with an extremely well-protected cage for the operator ( Brush Hog? ) This was done along forest edge in close proximity to my home. I was not told of the danger; was not told to stay inside, nor told to move my vehicle for the sake of safety.
1) Such a constant amount of dangerous, forcefully propelled projectiles was being generated by this machine, that I was forced to abandon the duties I was engaged in, and leave my back yard ( hitting the ground around me, and making holes or hitting things and bouncing off. Extremely dangerous. )
2) My vehicle, parked in my driveway, sustained a broken rear windshield ( rock found in back seat ), and some contents of vehicle were destroyed or contaminated by glass and debris ( vehicle back seat and trunk was loaded with items to take to Thrift Shop, and back seat also contained boxes of newly purchased Cat Litter. ) Driveway was covered with glass for a very great distance.
3) My vehicle also sustained damage to fabric surrounding window and rear interior roof fabric, due to water from sudden and violent storm that afternoon ( before I was aware that the window had been broken ).

This was reported the next morning, Penn Line accepted responsibility. They attempted to send out a mobile glass service to replace the glass. They did this without first discovering that :
1. there was no replacement or original glass available for that car
2. they were not aware that the Landau roof would have to be removed to get at the rear windshield

Because I did know about the Landau, I said I would get Estimates and submit them. My Estimates are for $2400-2600, in the event glass could be located Salvage. I discovered that there is no Original glass or Replacement glass with Defroster available anywhere, for that vehicle.
*Hence, I have, in effect lost the use of my vehicle after the current Inspection expires.
* After submitting these estimates, and searching for glass for over a month, I was forced to purchase a used vehicle as a replacement.
* I had to incur costs to reinsure the damaged vehicle, as well as fees involved with procuring a new tag/registration for it, due to the fact that the replacement vehicle had some mechanical problems and could not be my only transportation.
* I have been forced to drive the vehicle full of glass and debris, plastic on the windshield, as it was on the day of damage, because Zurich did not bother to Appraise it until March 8th!

I do not yet have the results of the Appraisal ( for both repair costs, and vehicle value ). I realize that I can only legally receive National NADA guideline price value for the vehicle, but what dollar amounts can I realistically be entitled to for the Negligence portion of this Claim?

 

[ALawyer]

The MAXIMUM should be the fair market value of the car on the date of damage. Sorry, but I see no basis for a claim for anything else, unless there is a claim against the operator TE for its reckless action.

 

[Ravenquill]

Thanks for your response.
Yes, concerning the vehicle damage, I am aware of the maximum fair market value rule in PA ( Paralegal ).

Yes, I most definitely want to pursue Negligence against Penn Line Services because of the Reckless and Unethical Performance of this excessively hazardous activity in a Residential Area.
It was very close to homes. There was no prior notice given either to landowner or residents. There was no warning given, prior to, or just prior to the activity; even when I was addressed by a Representative of Texas Eastern in my driveway. I had absolutely no idea of the danger involved. ( I was merely told by the Texas Eastern Representative that 'they' "would be doing a little trimming. No big deal. In case you wonder what the noise is all about." )
The damage to my vehicle could have been prevented.
The fact that I was hit on the leg by a bouncing stone in my back yard ( not serious ) could have been prevented.
The fact that I was forced to stop the work I had been doing in my back yard, and go inside, because of the constant barrage of stones being forcefully projected around me, by this machine, could also have been prevented. This has also caused alot of snowballing problems, hassles, headaches and additional unplanned-for expenses.

What is a reasonable amount which could be sought in such a situation, and could such a case be brought on a Contingency Fee Basis?

 

[ALawyer]

Sorry, This seems to be an isolated matter of a reckless operator -- and without resulting personal injury, I doubt any lawyer would waste time on something like this. The local DA or licensing boards may have an interest if you want vengence.

There was a rule of thumb I seem to recall that was mentioned in Law School -- without injury there is no damage.

 

[Ravenquill]

1) I realize that this does not offer the 'giant chunk of percentage' kind of case most Attorney's are looking for; and would be best handled as an out-of-court type of settlement. However, I am also aware that Gross Negligence has been clearly established, and it does constitute a solid Collateral Negligence Case.
Insurance Companies are accustomed to making smaller-than-court-award settlement payments for Compensatory as well as Punitive Damages in such cases; and most of them would prefer to do so rather than face Litigation.

I need to know:

* some idea of what kind of dollar amount could be sought for my additional Compensatory Damages and Punitive Damages related to this situation ( brief descriptions below ).

* if there is any possibility for a Contingency Fee basic acceptance of this case

* if it is not likely that anyone would want to tackle this on such a basis, can I, on my own, go beyond merely requesting such additional Damages of the Insurance Company? ( i.e.: can I file in District Court if they choose to ignore me? ( In District Courts in PA, you may sue for up to $5,000. Could something like this be handled on this level? )
( I am a Paralegal, though I do not currently work in the field. I have handled a few of my own cases with Insurance Companies, ( involving Property Damage, Personal Injury, Compensatory and Punitive Damages,) and have always won. ) This Insurance Company is the most uncooperative I have ever dealt with.

2) It goes clearly beyond the actions of one 'reckless operator'; the Negligence extends to the companies themselves ( Texas Eastern Transmission Corporation ( Pipeline ), and their subcontracted maintenance service company, Penn Line ). Because TE subcontracted, the responsibility rests solely with Penn Line, in this situation. ANY company performing a 100% hazardous operation in a Residential area, within extremely close proximity to a Residence, would be responsible to give a 'reasonable' notice of such activity, explain the nature of the activity, and provide a necessary warning of the potential danger involved. All of which was willfully ignored.

3) This has nothing to do with a desire for Vengeance; there has been clear, valid 'Injury' as a direct result of this Negligence. As as you know, in a Negligence case, 'Injury' can be to a person's 'Interests'; not necessarily required to be a serious physical injury ( even though I do technically have a minor physical injury involved, that is not my main focus here. )

4) ( The vehicle damage is only a mere part of the damages:

*there is the initial windshield damage ( on original estimate )
*the initial damage to fabric around windshield area and rear interior roof ( on original estimate )
*there is continuing fabric damage to the interior of the vehicle because of the length of time it has had to have plastic for a rear windshield ( interior fabric, which had been perfect, is now puffing and hanging down all over the interior of the vehicle )
*there is also total loss of some contents of vehicle,
*time and costs which would be required to clear the vehicle of the contents ( which were Thrift Shop Donations ),
*store the contents temporarily,
*and have those items cleaned and repacked, so that they may be donated in good condition to the Thrift Shop, as planned
*for 5 months ( and continuing to present date ), I have been completely 'in limbo' in this situation: the uncooperative attitude of Penn Line and their Insurance Company has caused me to be forced to drive the vehicle, untouched, still full of glass and debris for 5 months ( because they did not come to look at it for appraisal purposes until March 8th! )
*It has been impossible for anyone to ride in the back seat ( because of the untouched glass and debris )
*nothing could be placed in the interior of the vehicle ( only in trunk ) because of the insecure state created by having a removable rear windshield ( such as groceries, for example )
*use of the vehicle has been limited because of the damage ( cannot drive it in snow, icing conditions, heavy rain or strong windy conditions )
*I have had to purchase an additional vehicle, BUT have had to maintain Insurance/Tags/Registration on the damaged vehicle as well:
*cannot have a vehicle without a tag/registration in my driveway in this Residential Park
*have had to drive the vehicle for transportation ( however limited )
( This means that I have been forced to make an unexpected vehicle purchase, and incur all the costs involved with Title/Transfer fees, and Insurance BECAUSE of the uncooperative attitude of Penn Line and their Insurance Company. ( I would not have done this if this situation were not in existence. )
*there is also the fact that, on Oct 16th, I had to stop the work I had been doing in my back yard and go indoors to avoid further personal injury. Stones and bits of debris were being propelled constantly, into my yard, from the operation of the machine. Stones were being projected over 100 feet, with enough force to cause them to bounce. Some were directly imbedded inches into the ground. When I was hit on my right leg, by a bouncing stone, I felt it was too dangerous to remain outside. I also had to take my cats inside because of the dangerous conditions. ( It was not safe for any person or pet to be outside during these operations. )
5)* I still have had no offer of a settlement from Penn Line's Insurance Company.

Thanks, I do greatly appreciate any help you can give me.
Ravenquille