suing for car damage

[cathyb]

A dump truck(blue and silver) came out of a new development site(construction)and turned left (heading south on N. French Rd.). As it turned out I was going North(the opposite direction on N.French Road. As it passed me something popped out of the truck and hit my windshield and then bounced off the hood of my car. This caused a dent on the hood and a chip in my windshield. I had to proceed to the intersection to turn around to see if I could get the license plate no. of the truck. By this time he was out of my reach. I then proceeded to the construction site and found out they were using two dump companies. one of the companies only has red trucks. Since this truck was blue and did come out of that site, I proceeded to contact that company. The companys insurance would not pay for the damages, since I did not get the license plate no. But if it was not one of the red trucks(other company) I thought It would be enough information that the truck belonged to them since it was blue. Do I have a case for small claims court? Or any suggestions on how to handle this matter. I called the developer of the site, and they tried to contact the trucking company, but the trucking company would not return their calls. thanks

 

[Tracey]

Make one more stab at negotiation. Get affidavits or at least written statements from the foreman and the other company's owner/manager. Send copies to the defendant company and tell them to pay or you'll sue on Friday. (Certified, return receipt. Copy the insurance company if you know who they are.) Once it sees your case, the company may decide it's cheaper to pay you than fight in court and lose a day's work, insurance or not.

If that doesn't work, you have a fine case for a small claims action, if you're willing to drag some witnesses into court to testify. You will need to call:

The construction site foreman to testify that they only use 2 dump companies and that the defendant company was onsite that day and at that approximate time (and that the other was not?). He'll need to bring his original records showing that.

The owner of the other company, to testify that each and every one of his trucks is red and that he didn't subcontract the job to others on that day, or that he didn't have any trucks onsite that day. He'll need to bring any original records he has regarding both color and whether the trucks were onsite. (Maybe he's taken pictures for the scrapbook or would take some for you if you gave him a disposable 35 mm camera? The pictures would be admitted "for illustrative purposes only.")


I don't know if you get to subpoena people and business records in small claims court in NY. If you can't subpoena and the court won't accept testimony by affidavit and your witnesses won't commit to testifying, you should file in district court. It will take a little longer to get a trial and you may have to go up against a lawyer from the insurance company. OTOH, it's cheaper for the insurance company to pay you than to hire a lawyer to defend your suit. You get your costs back then you win.

The sooner you get statements from the witnesses, the fresher and more detailed their memories will be. They can review their statements before trial to refresh their memories.

Let us know how it goes,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 24, 2000).]