Truck ran through my yard causing irrigation damage. They said sue.

$110?

Sometimes in life, it's easier to just take it like a man rather than deal with the legal system or create a potential new enemy for yourself. Were it $1,100... then it would be a different story.

I would've provided the evidence with a stern, yet cordial communication -- probably best handled in person or via phone. If done in person, I bet you would've got your money.

CaliRob said:   Simple. Get the Contractor's License # and find out from the state who the insurance company is that carries his bond. Call the septic company and leave a message to the effect that if the issue is not resolved immediately you will have no choice but to go after his bond. That will get you a pretty quick response. LOL

Also, file a police report as a hit and run with property damage. All hit and run reports are assigned to a detective that will investigate the claim. The driver will be charged with a misdemeanor and the owner of the business will be notified. Once the police contact him, things will get real serious for him and his employee. The police will also obtain the vehicle insurance info and include that in the report which is another avenue you can pursue.

Personally I'd keep the neighbor out of the loop, wasn't their fault and it's impossible to screen companies to make sure their driver won't drive over your grass on accident. No amount of due diligence could have prevented this.

Agreed.

Since the company owner does things in an unethical manner, there's a chance he uses drivers with suspended licenses or otherwise less than stellar records. (I'd be surprised if the driver had a clean record if he drove that badly, and his hit-and-run may have been due to driving impaired and not wanting to risk a sobriety test.) Your main goal is cost recovery, and your secondary goal is education for the company owner.

Bad reviews on yelp, Google Places, Angie's List, etc and move along.

nullterm said:   Another pushover, wow. I almost wish OP hadn't posted the dollar amount. It's so irrelevant!!

"Take it like a man"? What a supremely ignorant (and condescending) way of putting it. More like "take it like a sucker."

Sorry for not suggesting he take it to the Supreme Court. I personally don't have the time to deal with the legal system for $110. Leave that for the unemployed (this isn't a jab at them) or the retirees.

I offered the guy a solution. I guess I could've elaborated some more -- so Ok, here it goes -- I would've taken the evidence and shoved it in the responsible party's face, in person. I also would've likely had the police show up if possible, if only for a scare tactic. Write some bad non-slanderous reviews on the net? Sure.

BoxingJ said:   nullterm said:   Another pushover, wow. I almost wish OP hadn't posted the dollar amount. It's so irrelevant!!

"Take it like a man"? What a supremely ignorant (and condescending) way of putting it. More like "take it like a sucker."

Sorry for not suggesting he take it to the Supreme Court. I personally don't have the time to deal with the legal system for $110. Leave that for the unemployed (this isn't a jab at them) or the retirees.

I offered the guy a solution. I guess I could've elaborated some more -- so Ok, here it goes -- I would've taken the evidence and shoved it in the responsible party's face, in person. I also would've likely had the police show up if possible, if only for a scare tactic. Write some bad non-slanderous reviews on the net? Sure.

We have a possible reading comprehension issue. Small Claims Court <> Supreme Court.

So you think his main mistake was not showing up in person (which would have taken more of the time you yourself don't have)?

NotSoHard said:   I'm really not in the know and this is a serious question: CAN you use an attorney in small claims? I was under the impression that in small claims you couldn't use an attorney.

Yes you can.

nullterm said:   Another pushover, wow. I almost wish OP hadn't posted the dollar amount. It's so irrelevant!!

"Take it like a man"? What a supremely ignorant (and condescending) way of putting it. More like "take it like a sucker."

I'm trying to get my girlfriend's coworker to stop screwing around and either (a) claim it on her insurance and let them subrogate or (b) sue the auto repair shop who was repairing the brake lines on her car, failed to reconnect the lines and took it for a test drive that ended poorly. Unfortunately, the surety bond for motor vehicle repairs is limited to $2000 in PG County.

BTW it was not the bubbleking, his warranty is not a game.

Bizatch said:   Create a YouTube video describing everything. Include some of the DVR footage.

Post the Youtube link here.

Within 48 hours I'll have that video coming up as the #1 search result when searching for that company's name on Google.

Now THAT is a good idea. Keep it as unlisted, Email the link to the company, and tell them they've got 72 hours to get you the $. After that, make the link public.

nullterm said:   BoxingJ said:   Bizatch said:   Create a YouTube video describing everything. Include some of the DVR footage.

Post the Youtube link here.

Within 48 hours I'll have that video coming up as the #1 search result when searching for that company's name on Google.

Now THAT is a good idea. Keep it as unlisted, Email the link to the company, and tell them they've got 72 hours to get you the $. After that, make the link public.

Hush money or blackmail is not the solution here. The public needs to know and this company needs to suffer.

Because all the employees of the entire company need to suffer due to this act. You are right. I wonder if you gave any consideration to them and their families? I guess I matured past the stage of needing to publicly deface or demoralize to be satisfied.

This thread is awesome OP please follow through with taking this company to court!

BTW why do you even have a DVR of your yard? Do you live in a high-crime area?
Edit- Obviously it paid off here, but never would i imagine going through the hassle of setting it up.

absolutely. Please go ahead and post it-- irrespective of results. Who knows how many of these incidents may have been happened before by the same guys or something similar?
nullterm said:   BoxingJ said:   Bizatch said:   Create a YouTube video describing everything. Include some of the DVR footage.

Post the Youtube link here.

Within 48 hours I'll have that video coming up as the #1 search result when searching for that company's name on Google.

Now THAT is a good idea. Keep it as unlisted, Email the link to the company, and tell them they've got 72 hours to get you the $. After that, make the link public.

Hush money or blackmail is not the solution here. The public needs to know and this company needs to suffer.

The company should have insurence. When you sue (Using an attorney, who will get one third-maybe you can go after attorney fees also), the company will be represented by their insurance carrier's counsel (or the owner's). It is cheaper for the carrier to settle than let this drag on, especially when you have evidence. Contact an attorney.

The company should have insurence. When you sue, the company will be represented by their insurance carrier's counsel (or the owner's). It is cheaper for the carrier to settle than let this drag on, especially when you have evidence. Look for resource resources to help pro se litigants (call the bar asssociation, court, Internet).

Besides the email you may also need to send registered mail -- show your good faith to resolve this.
tennbryan said:   From your description of the septic service owner/representative's demeanor, this may not be the first time he has dealt with damage to other's property. With a small amount of checking (Angie's List, BBB, etc.) it may be possible to demonstrate a pattern. If so, exemplary damages could be pursued, especially if you can explain to a courtroom judge the septic service owner's approach of "sue us" as a remedy. Exemplary damages are separate from any judgements awarded due to actual damages. They are used to send the message about egregious behaviors and to avoid them. In this case, it would not be the $110 to fix the damage only, but could be multiples above this.

Another approach is to determine what insurance/bond the company holds. This should be a matter of public record and you could make a claim directly with them, especially since you have the DVR evidence to present. This would likely raise the insurance costs to the septic company, but you have already given him opportunity to handle independently, which he has refused. The insurance company can handle without the septic owner's input.

BoxingJ said:   $110?

Sometimes in life, it's easier to just take it like a man rather than deal with the legal system or create a potential new enemy for yourself. Were it $1,100... then it would be a different story.

I would've provided the evidence with a stern, yet cordial communication -- probably best handled in person or via phone. If done in person, I bet you would've got your money.

I guess we have different views on being a man.

Mine involves not letting others bully me around. I would sue.

Get it in writing that you contacted the owner by phone and he rejected your offer of $110 along with request reimbursement of your water bill.

Al3xK said:   I'd like to play devil's advocate here for just a second, so I'm sure this will get red because of the overwhelming support for the OP in this thread. This was compared to a car accident where you have the right to choose who fixes your car, and I don't think that's very accurate.

The sprinkler heads are ~$3 at Lowes, and you just unscrew/screw them in pretty much. This isn't paint work or body damage. The OP had already paid $110 before informing the company or giving them a chance to remedy.

I see where the owner might be a little upset, after he receives a picture that shows a truck tire through a yard, and then gets an abrasive demand for $110. I'd probably be a little upset as a business owner when I see what appears to be just grass with a little tire track through it.

Spray heads are $3 at Lowes, gears are $10-15. He also needed funny pipe which runs 20-30 bucks depending on where you buy it (you can't buy just a small piece at Lowes) or possibly pvc pipe, poly pipe, fittings, adhesive, and labor to replace the broken lines. It could have been a lot worse.

BoxingJ said:   $110?

Sometimes in life, it's easier to just take it like a man rather than deal with the legal system or create a potential new enemy for yourself. Were it $1,100... then it would be a different story.

I would've provided the evidence with a stern, yet cordial communication -- probably best handled in person or via phone. If done in person, I bet you would've got your money.
Is that what they told you in the jail house?

two wrongs do make a right...go pop a few tires lol...about $110 dollars worth

062703 said:   Al3xK said:   ^^^I think it's better to notify and see if a resolution can be made before spending any money and expecting full reimbursement, even though you're entitled to it.


EDIT: @062703: If it were much worse, then I completely agree. I think the supporting picture of the tire track just shows very little damage. If he'd taken a picture of the broken parts or sent a list of parts that needed replaced, that'd be a different story. It sounds like it's just the $3 part though.

Do you have any experience with situations like OP's? I have plenty. It's much better to pay to have everything fixed by a professional than someone who may or may not know what they are doing, fix it for as cheap as they possibly can. Then you don't have the headache of taking care of future problems if they made faulty repairs.

My house was built in 1904 so I've had my share of repairs. And I'm not against the OP...I'm trying to see both sides here. And sprinklers aren't rocket science by any means. Maybe to an untrained eye they could be.