T
tams
Guest
Georgia - The mother of a child (age 7) that was attending the same daycare as my child (age 5) lost my son's hearing aid. (The daycare provided services for Election Day, as schools were out that day.) We did not have to pay for the replacement hearing aid as the manufacturer's warranty covered a one-time lifetime loss. ($800 value, however.) I did have to purchase an independent insurance policy to cover any loss or damage to new hearing aid at $44 a year. Her attorney and I were ready to settle for her paying me $44 now, and $44 dollars each year for four more years. (Average life of hearing aid is 5 years.) I received a letter this past Monday informing me the premium is now $49 a year. Called attorney and left messages almost every day this past week for him to call me. I needed to inform him of the premium change, needed a new agreement typed up, and to also include filing fee ($54). He never called me back. Court is scheduled for Tuesday, January 16th.
Am wondering how strong my case is and whether to go for getting the $800 loss back, plus the insurance, or just go with getting the cost for the insurance ($49 x 5yrs = $245)?
Points to note:
her son handed her the hearing aid on the way home and said, "look what I found at school today. It's a hearing aid." (So, she knew what it was and where it was from.)
She made no attempt to inform employees at the daycare that she was in possession of it, nor did she make an attempt to return it.
Only after a phone call from an employee from the daycare, did we learn that she had it. She admitted she did, in fact, have it and would return it the next day. She did not return it, claiming she "lost" it.
That next day, after questioning her on the phone as to whether she asked her kids (3 or 4 of them) if they knew the whereabouts, she stated to me that "it just boils down to your kid lost it, my kid found it."
My son needs this thing to be able to hear!! It is not a simple toy we are talking about.
Here in Georgia, under Code Section 16-8-6: "A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner."
Judges have plenty of discretion, I know, but what is your take? Any suggestions would be appreciated. Thanks!
Am wondering how strong my case is and whether to go for getting the $800 loss back, plus the insurance, or just go with getting the cost for the insurance ($49 x 5yrs = $245)?
Points to note:
her son handed her the hearing aid on the way home and said, "look what I found at school today. It's a hearing aid." (So, she knew what it was and where it was from.)
She made no attempt to inform employees at the daycare that she was in possession of it, nor did she make an attempt to return it.
Only after a phone call from an employee from the daycare, did we learn that she had it. She admitted she did, in fact, have it and would return it the next day. She did not return it, claiming she "lost" it.
That next day, after questioning her on the phone as to whether she asked her kids (3 or 4 of them) if they knew the whereabouts, she stated to me that "it just boils down to your kid lost it, my kid found it."
My son needs this thing to be able to hear!! It is not a simple toy we are talking about.
Here in Georgia, under Code Section 16-8-6: "A person commits the offense of theft of lost or mislaid property when he comes into control of property that he knows or learns to have been lost or mislaid and appropriates the property to his own use without first taking reasonable measures to restore the property to the owner."
Judges have plenty of discretion, I know, but what is your take? Any suggestions would be appreciated. Thanks!