A city trash truck sprayed my ragtop convertable with hydraulic fluid .Legal Dept says they'll dismiss it...
I was parked on the street in front of my house with the windows open.It took 3 1/2 months to get a new ragtop and detail the entire car.The ordeal cost me almost $2000.00 because of my deductable and rental car fees after my insurance paid their share.I filed in small claims court and heard from the city's legal dept. They said that they probably won't pay and if I don't settle for a reduced amount,they will have the suit dismissed and I would have to spend another $300.00 for a hearing in the Superior Court.They acknowledge the accident and I've got great photographs of the damage.I ordered a police report but the officer at the scene never filed one.Five neighbors also got their cars sprayed and a cleanup crew was on the street from 9:00a.m. til midnite.Is this a scare tactic the legal team is using on me?It seems I have enough evidence to get my money back.
I'd think as long as you have good documentation pertaining to all your expenses, you have a very solid case. Hard to believe the police officer didn't have to account for his time in the investigation. I'd a least check with records again and if they still say there's no report, speak to his sergeant and ask for an explaination.
I certainly hope you get favorable results in court.
I think you are in the cat bird seat! You have the evidence and the admission of liability from the city, and they are obviously trying to bulls hit you out of your money. Personally, I would take these dirtbags on and drag thier sorry asses into court.
Go get 'em and good luck.
Answers:
It is quite common for governmental agencies to deny original legal claims simply as a way to eliminate nuisance lawsuits. In your case they do admit liability which is a plus.
The city's position will be that they are only liable for your actual damages, IE; the repair of your convertible top, and the other expenses IE your deductible, car rentals,etc. is not their responsibility.
If you wish to be fully re-reimbursed for your full out of pocket expenses, you will probably have to pursue the case in Superior court. They are playing 'hard ball' with you and want to see if you will blink.
Yep, it's a scare tactic. The City's Legal Dept. can not 'have the suit dismissed', only the presiding judge can dismiss the case. The City can REQUEST the suit be dismissed but then they have to cite grounds and it does not appear they have any. If they do manage to convince the judge to dismiss the suit, you can add the extra $300 filing fee onto the suit. If the City felt it could get away with this they wouldn't even offer you the lower settlement.
You got them by the short hairs, so yank some out!!
Go listen to a song... Its called I fought the law and the law won. or read the quote... you can't fight city hall... I know it isn't right but you might be better of to accept there offer and just bite the bullet.



