I am looking for some advice on my case and would like to talk (PM) to a GL insurnace adjuster or an experieinced adjuster. I would greatly appreciate it.
Total Comments: 9
Posted: Fri Jan 14, 2011 07:47 am Post Subject:
Hi Frekals, I've just replied to one of your queries at the following thread -
http://www.ampminsure.org/start/about15459.html#90331
If you have anything more to ask, you may share your concern over here. I guess a bit of your information just managed to escape at the "Subject" box.
Posted: Fri Jan 14, 2011 08:50 pm Post Subject:
Hello Roddick- I have a case I really need some advice about. I was looking to talk to an adjuster. Here is my situation.....
I hit an unmarked pot hole in a construction zone. It was filled with water. The pot hole was approx. 3 feet wide and very deep. My car bottom out in the front and back.
I made a claim with the county and they denied it saying "they did not know about it prior to my hitting it". I then went on the hunt for evidence. I have 100's of pages of documentation from the county. I have pieced it all together.
The county new of this pot hole and broken irrigation line under the road because the county had repaired the irrigation line and the pot hole 5 days before I hit it. Now, the county workers returned to check the hole and remove the barricades the next morning and the barricades from around the pothole had been moved by the contractor. The documents go on to say that the contractor was working at 9:20 AM on the day after the repair. At least 5 county workers saw the milling company working on the road and the road had been milled.
I also have three independent witnesses and written statements to confirm that construction workers were working and the pot hole was unprotected.
I also had a teleconference , arranged by the county dept of transportation, with the actual worker that arrived to the scene that morning and stated, in this recorded conversation, that the barricades had been moved by the contractor and the road had been milled. He went on to say that the pot hole had been re-opened by the heavy milling equipment. I have this in writing as well. He stated the hole should have been blocked off when I hit it.
I have all of this either in writing or on a recorded conversation. I have pictures of the pot hole.
The damage was approx. $1000.00 to my car.
There was a main contractor and a sub contractor for this road work. The county repaired the pot hole and the irrigation line. I made a claim with the main contractor but they denied it. I spoke to a few managers and at one point they "said" they tried calling the county to see if they would take partial blame because they did not feel they were totally to blame. They county would not take any blame ($450.00). UNBELIEVABLE!! They are all to blame and need to share in the responsibility if you ask me. I don't care who pays it but it needs to be paid. There was negligence on many levels. There are a millions hands in the pot when it comes to getting information from the county. I have spent hours putting this all together. I got them to admit partial fault yet because the county would not come to the table they wont send me anything????? How is that right???
Oh I forgot to mention, the contractors insurance said that the contractor said "they weren't there". I asked them if they supplied the logs to show where they were and the adjuster said they could not produce this document. HELLO ...that's because they were there!
I have now requested certificates of insurance for additional contractors and to the sub for the milling (they refused to give it to me when I called them).
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mandatory mediation is required in our justice courts).
I have posted on some lawyer sites and they say my evidence is hearsay but others say small claims in more relaxed and I should be able to present it. I have called the small claims court and they say I can try to submit anything because it is up to the judge if he will allow it.
I have also heard from an adjuster that just to sue them because their insurance co. will just settle but after some research it appears they will most likely represent themselves since the claim is so small. They will most likely not submit it to their insurance because their deductible is most likely much higher than my claim.
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mandatory mediation is required in our justice courts).
Do you know if I can get punitive/compensatory damages for my case?
What happens if say the county wants to settle and the contractors don't submit it to their insurance company and decide to represent themselves. And the contractors don't want to settle...what happens then? Would the county pay the whole thing?
Posted: Fri Jan 14, 2011 09:35 pm Post Subject:
This post has been covered elsewhere and answered repeatedly.
You have $1000 in physical damage to your car. That's all. You have submitted claims to the contractor(s) and to the county, and all have denied your claims (no surprise).
Your course of action is to sue all parties "jointly and severally" in one action at one time in small claims court. You will either win or lose depending on the testimony, evidence presented, and the decision of the judge.
If you lose in small claims court as the plaintiff, there is no right of appeal -- for any reason whatsoever.
The $1000 in damage to you car, if you prevail in your action, is your COMPENSATORY damage amount (plus court costs). There are no PUNITIVE damages that would be awarded in your small claims case.
If the county wants to settle, they will sort things out with the contractor and you will not be a party to those discussions. But the county has already denied your claim, so what is there to settle.
Take the advice you have received already and don't continue to post the same thing repeatedly.
Posted: Fri Jan 14, 2011 09:44 pm Post Subject:
Here is a little advice from me MaxHerr.....If you don't have KIND helpful advice...MIND your own business and reply to other threads. This is a very aggravating situation for me and getting rude responses when I am seeking help only upsets me more. So, if you don't have anything nice to say ......DONT say anything! I WILL post whatever I want whenever I want as often as I want!
AND you were no help in the advice you did say.....you repeated my letter and told me what I already know. So you wasted your time and mine......
Posted: Fri Jan 14, 2011 10:03 pm Post Subject:
Talking about wasting a person's time. If you know it -- rude person that you are -- why do you keep asking?
The definition of insanity is doing the same thing over and over again and expecting a different result.
Try a lawyer's website or blog if you can't handle the truth here.
Posted: Fri Jan 14, 2011 10:28 pm Post Subject:
I AM RUDE???? Are you kidding me? I was seeking help and you responded RUDELY! Don't dish it out if you can't take the heat!
The truth??????!!!!!....it appears this is not a site of experts but rather people who know nothing. I have not gotten an ounce of helpful feedback so far. You are definitely NO expert! I see you a Broker...that explains it!
Your a teacher....hahahahaha...that's a good one! I would hate to be a student of yours......I would learn more from a monkey!
For your information, I do post on the lawyers sites and that is the only place I have received useful information.
I will ask until I get a helpful and useful response. I ask over and over again to get DIFFERENT peoples advice. NOT the same rude comments and no helpful advice from the same two posters! Get a life and stop answering questions if you are only going to be rude.
Posted: Sun Jan 16, 2011 02:38 am Post Subject:
I'm soooooo sorry. I have reread your post, and realize I made a mistake. This is a $1,000,000 dead bang winner. Just sue everyone you can think of connected to the pot hole, from the contractor to the city to the county to the state to the President of the US. They must have done that deliberately to damage your car -- possibly even a CIA plot to try to assassinate you, but it went terribly wrong.
The emotional trauma inflicted on you and your family must be horrible! No ability to sleep, constant posts on an insurance website where no one give you an answer that suits you. I know you must be suffering tremendously.
There is a personal injury lawyer who advertises on TV in the Los Angeles area, Larry H. Parker. who can probably get you even more than $1,000,000. Plus the $1,000 of physical damage to your car on top of all that. www.larryhparker.com/ 800-333-0000. Give it a shot.
Posted: Sun Jan 16, 2011 04:05 am Post Subject:
Your a real piece of work. Like I said before, it's like talking to a monkey.
Posted: Sun Jan 16, 2011 01:08 pm Post Subject:
_Talking_ to a monkey? You are the one that keeps reposting the _exact_ same "question". You are not looking for an advise or an answer (as these have been posted many times). I'm not really sure what you are looking for. I'm guessing perhaps you just want a smoking gun answer. There is none. Many people have given you the best information you could obtain but this does not seem to be enough. Trust me... when several people agree with with this... you may want to consider that information.
Posted: Fri Jan 14, 2011 07:47 am Post Subject:
Hi Frekals, I've just replied to one of your queries at the following thread -
http://www.ampminsure.org/start/about15459.html#90331
If you have anything more to ask, you may share your concern over here. I guess a bit of your information just managed to escape at the "Subject" box.
Posted: Fri Jan 14, 2011 08:50 pm Post Subject:
Hello Roddick- I have a case I really need some advice about. I was looking to talk to an adjuster. Here is my situation.....
I hit an unmarked pot hole in a construction zone. It was filled with water. The pot hole was approx. 3 feet wide and very deep. My car bottom out in the front and back.
I made a claim with the county and they denied it saying "they did not know about it prior to my hitting it". I then went on the hunt for evidence. I have 100's of pages of documentation from the county. I have pieced it all together.
The county new of this pot hole and broken irrigation line under the road because the county had repaired the irrigation line and the pot hole 5 days before I hit it. Now, the county workers returned to check the hole and remove the barricades the next morning and the barricades from around the pothole had been moved by the contractor. The documents go on to say that the contractor was working at 9:20 AM on the day after the repair. At least 5 county workers saw the milling company working on the road and the road had been milled.
I also have three independent witnesses and written statements to confirm that construction workers were working and the pot hole was unprotected.
I also had a teleconference , arranged by the county dept of transportation, with the actual worker that arrived to the scene that morning and stated, in this recorded conversation, that the barricades had been moved by the contractor and the road had been milled. He went on to say that the pot hole had been re-opened by the heavy milling equipment. I have this in writing as well. He stated the hole should have been blocked off when I hit it.
I have all of this either in writing or on a recorded conversation. I have pictures of the pot hole.
The damage was approx. $1000.00 to my car.
There was a main contractor and a sub contractor for this road work. The county repaired the pot hole and the irrigation line. I made a claim with the main contractor but they denied it. I spoke to a few managers and at one point they "said" they tried calling the county to see if they would take partial blame because they did not feel they were totally to blame. They county would not take any blame ($450.00). UNBELIEVABLE!! They are all to blame and need to share in the responsibility if you ask me. I don't care who pays it but it needs to be paid. There was negligence on many levels. There are a millions hands in the pot when it comes to getting information from the county. I have spent hours putting this all together. I got them to admit partial fault yet because the county would not come to the table they wont send me anything????? How is that right???
Oh I forgot to mention, the contractors insurance said that the contractor said "they weren't there". I asked them if they supplied the logs to show where they were and the adjuster said they could not produce this document. HELLO ...that's because they were there!
I have now requested certificates of insurance for additional contractors and to the sub for the milling (they refused to give it to me when I called them).
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mandatory mediation is required in our justice courts).
I have posted on some lawyer sites and they say my evidence is hearsay but others say small claims in more relaxed and I should be able to present it. I have called the small claims court and they say I can try to submit anything because it is up to the judge if he will allow it.
I have also heard from an adjuster that just to sue them because their insurance co. will just settle but after some research it appears they will most likely represent themselves since the claim is so small. They will most likely not submit it to their insurance because their deductible is most likely much higher than my claim.
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mandatory mediation is required in our justice courts).
Do you know if I can get punitive/compensatory damages for my case?
What happens if say the county wants to settle and the contractors don't submit it to their insurance company and decide to represent themselves. And the contractors don't want to settle...what happens then? Would the county pay the whole thing?
Posted: Fri Jan 14, 2011 09:35 pm Post Subject:
This post has been covered elsewhere and answered repeatedly.
You have $1000 in physical damage to your car. That's all. You have submitted claims to the contractor(s) and to the county, and all have denied your claims (no surprise).
Your course of action is to sue all parties "jointly and severally" in one action at one time in small claims court. You will either win or lose depending on the testimony, evidence presented, and the decision of the judge.
If you lose in small claims court as the plaintiff, there is no right of appeal -- for any reason whatsoever.
The $1000 in damage to you car, if you prevail in your action, is your COMPENSATORY damage amount (plus court costs). There are no PUNITIVE damages that would be awarded in your small claims case.
If the county wants to settle, they will sort things out with the contractor and you will not be a party to those discussions. But the county has already denied your claim, so what is there to settle.
Take the advice you have received already and don't continue to post the same thing repeatedly.
Posted: Fri Jan 14, 2011 09:44 pm Post Subject:
Here is a little advice from me MaxHerr.....If you don't have KIND helpful advice...MIND your own business and reply to other threads. This is a very aggravating situation for me and getting rude responses when I am seeking help only upsets me more. So, if you don't have anything nice to say ......DONT say anything! I WILL post whatever I want whenever I want as often as I want!
AND you were no help in the advice you did say.....you repeated my letter and told me what I already know. So you wasted your time and mine......
Posted: Fri Jan 14, 2011 10:03 pm Post Subject:
Talking about wasting a person's time. If you know it -- rude person that you are -- why do you keep asking?
The definition of insanity is doing the same thing over and over again and expecting a different result.
Try a lawyer's website or blog if you can't handle the truth here.
Posted: Fri Jan 14, 2011 10:28 pm Post Subject:
I AM RUDE???? Are you kidding me? I was seeking help and you responded RUDELY! Don't dish it out if you can't take the heat!
The truth??????!!!!!....it appears this is not a site of experts but rather people who know nothing. I have not gotten an ounce of helpful feedback so far. You are definitely NO expert! I see you a Broker...that explains it!
Your a teacher....hahahahaha...that's a good one! I would hate to be a student of yours......I would learn more from a monkey!
For your information, I do post on the lawyers sites and that is the only place I have received useful information.
I will ask until I get a helpful and useful response. I ask over and over again to get DIFFERENT peoples advice. NOT the same rude comments and no helpful advice from the same two posters! Get a life and stop answering questions if you are only going to be rude.
Posted: Sun Jan 16, 2011 02:38 am Post Subject:
I'm soooooo sorry. I have reread your post, and realize I made a mistake. This is a $1,000,000 dead bang winner. Just sue everyone you can think of connected to the pot hole, from the contractor to the city to the county to the state to the President of the US. They must have done that deliberately to damage your car -- possibly even a CIA plot to try to assassinate you, but it went terribly wrong.
The emotional trauma inflicted on you and your family must be horrible! No ability to sleep, constant posts on an insurance website where no one give you an answer that suits you. I know you must be suffering tremendously.
There is a personal injury lawyer who advertises on TV in the Los Angeles area, Larry H. Parker. who can probably get you even more than $1,000,000. Plus the $1,000 of physical damage to your car on top of all that. www.larryhparker.com/ 800-333-0000. Give it a shot.
Posted: Sun Jan 16, 2011 04:05 am Post Subject:
Your a real piece of work. Like I said before, it's like talking to a monkey.
Posted: Sun Jan 16, 2011 01:08 pm Post Subject:
_Talking_ to a monkey? You are the one that keeps reposting the _exact_ same "question". You are not looking for an advise or an answer (as these have been posted many times). I'm not really sure what you are looking for. I'm guessing perhaps you just want a smoking gun answer. There is none. Many people have given you the best information you could obtain but this does not seem to be enough. Trust me... when several people agree with with this... you may want to consider that information.
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