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Truck
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A neighbor had a septic company clean their tank last Friday. While leaving the truck was too big and turned wide
into my yard. The result was a broken sprinkler head and some damaged pipe in two places. I noticed
this when I woke up to a geyser in the yard Saturday morning. I called an irrigation guy who came out and
fixed the irrigation and pipes.

I didn't notice it Friday night as my wife and I saw a movie and got home late, and it was dark. But there
was a clear 6" trail right through the yard and it sunk in about 3 - 4". It had been raining quite a bit
lately and was at the time he ran through it.

I contacted the septic company via email Saturday and explained the situation. At the end of the email, I told them I
expected payment for that repair. I included a few photos of the yard. In addition, I have a DVR system that
monitors the front of the house, which is why I know what happened. It clearly shows the entire incident. They called
me within an hour saying they got the email and the owner would call me Monday.

Seems like a simple case, but the company told me to "sue them" for the payment. They are not going to reimburse
me anything. He said if I would have called them first, they would have sent someone
out to fix it. The gentleman (I use that term loosely) was very abrasive and rude and instead of ending the
conversation, he told me don't call back and hung up.

Anyway, my gut feeling is to sue them for repair of the yard and everything now. I considered calling the police and
filing a police report that stated they ran through my yard.

I am very mad and I just need some guidance here. Should I just let the whole thing go.

Here is the email I sent:

---------------------------------

Sir,

I woke up this morning to find a geyser in my front yard and marks from someone driving across it. See Pics.

I had an irrigation company fix the head and 10' of pipe. I attached the invoice.

Your driver left my neighbors yard and just drove across mine when leaving, damaging the irrigation system and leaving a huge
tire indentation and damage to the turf as well.

Fortunately I have a DVR system that records the front of the house and I have the entire event on recording.

I expect reimbursement of my repair for the irrigation repair within a reasonable time frame.

MY ADDRESS AND PHONE ETC. HERE.

-------------------------------

Member Summary
Most Recent Posts
Now that it has camped at 9% how does one collect on that new amount vs the original judgement? I want to see this croo... (more)

DamnoIT (Nov. 08, 2012 @ 4:13p) |

Thanks, I'll give it a shot, I suppose I don't have anything to lose.

CowbellMaster (Nov. 08, 2012 @ 10:12p) |

Take him down Lappie.

BradisBrad (Nov. 08, 2012 @ 10:53p) |

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What state are you in? I'd think small claims is a good route for this if you just want repayment and don't mind doing a small amount of legwork.

Since it's a cut & dry case, you might consider hiring an attorney to sue because they'd have to pay attorney's fees as well.

My first impression is that honey catches more flies than vinegar. Your email was straightforward, but.... acidic.

That being said, you can sue them. But your time in handling the matter might not be worth it.

He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name

You should also file a police report for criminal trespass, and file a complaint with the contractor licensing board in your state

How much did it cost to repair?

SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

SUCKISSTAPLES said:   ..

You should also file a police report for criminal trespass, ...


I'm curious : What would that accomplish and whats the goal of doing it?

The landscaping company I use charges me $10 to replace a sprinkler head. This may be cheaper as I have a routine service with them but how much is the total damage? I am willing to bet the total damages are around $20 to $25. I actually would file the small claims paperwork even if damages are only $20 as the guy seems to be a complete a* hole and I love playing with a* holes (wait! that sounds really wrong!)


On a side note - I love your DVR setup. What kind of DVR and camera setup is that?

jerosen said:   SUCKISSTAPLES said:   ..

You should also file a police report for criminal trespass, ...


I'm curious : What would that accomplish and whats the goal of doing it?

This guy is trying to get off easy
So Op should make his life as difficult as possible and make him regret ever pulling this "I can take advantage of people" attitude crap

Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.

SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.


AH, yes I forgot, when you sue you throw at every angle and see what sticks. Any example of what would be not handling my corporate affairs properly? I was thinking it wouldn't be too immoral, albeit wrong, if I filled up my escalade and wrote the gas receipt off a couple times.

WhiteGuy said:   The landscaping company I use charges me $10 to replace a sprinkler head. This may be cheaper as I have a routine service with them but how much is the total damage? I am willing to bet the total damages are around $20 to $25. I actually would file the small claims paperwork even if damages are only $20 as the guy seems to be a complete a* hole and I love playing with a* holes (wait! that sounds really wrong!)


On a side note - I love your DVR setup. What kind of DVR and camera setup is that?


There are probably few landscaping companies that will do any (on-site) service for $20. I would think that they'd have a minimum service charge to recoup the cost of sending someone out there. If they find the problem is rather trivial and fix it in 2 minutes, chances are you're still not going to get it for anywhere near free (unless you're a very regular customer or etc).

And it sounds like it wasn't just the sprinkler head that needed to be replaced. They also needed to fix the irrigation mess and replace some sections of pipe. I'd imagine it's at least a couple hundred dollars.

Al3xK said:   SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.


AH, yes I forgot, when you sue you throw at every angle and see what sticks. Any example of what would be not handling my corporate affairs properly? I was thinking it wouldn't be too immoral, albeit wrong, if I filled up my escalade and wrote the gas receipt off a couple times.

Commingling business and personal finances is precisely the kinds of things that can get you

Al3xK said:   SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.


AH, yes I forgot, when you sue you throw at every angle and see what sticks. Any example of what would be not handling my corporate affairs properly? I was thinking it wouldn't be too immoral, albeit wrong, if I filled up my escalade and wrote the gas receipt off a couple times.


Perfect example of what not to do.

SUCKISSTAPLES said:   jerosen said:   SUCKISSTAPLES said:   ..

You should also file a police report for criminal trespass, ...


I'm curious : What would that accomplish and whats the goal of doing it?

This guy is trying to get off easy
So Op should make his life as difficult as possible and make him regret ever pulling this "I can take advantage of people" attitude crap


Ok, got it. Thanks.

UnicornSnake said:   Al3xK said:   SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.


AH, yes I forgot, when you sue you throw at every angle and see what sticks. Any example of what would be not handling my corporate affairs properly? I was thinking it wouldn't be too immoral, albeit wrong, if I filled up my escalade and wrote the gas receipt off a couple times.


Perfect example of what not to do.


I'd think I'd have gotten green for such a good example lol. The golf cart takes gas, so on paper it'd look like a normal business expense. I would put a door magnet on the side of my escalade that says "Alex's Golf Cart Service" so it'd be legit.

jerosen said:   How much did it cost to repair?

$110

jerosen said:   How much did it cost to repair?

$110

Lappie said:   jerosen said:   How much did it cost to repair?

$110
Post story and video on Youtube and FB. Send your story to Consumerist type site and pray it goes viral. Not worth getting the $110 back but worth teaching the guy a lesson in new media.

Lappie said:   A neighbor had a septic company clean their tank last Friday. While leaving the truck was too big and turned wide
into my yard. The result was a broken sprinkler head and some damaged pipe in two places. I noticed
this when I woke up to a geyser in the yard Saturday morning. I called an irrigation guy who came out and
fixed the irrigation and pipes.

I didn't notice it Friday night as my wife and I saw a movie and got home late, and it was dark. But there
was a clear 6" trail right through the yard and it sunk in about 3 - 4". It had been raining quite a bit
lately and was at the time he ran through it.

I contacted the septic company via email Saturday and explained the situation. At the end of the email, I told them I
expected payment for that repair. I included a few photos of the yard. In addition, I have a DVR system that
monitors the front of the house, which is why I know what happened. It clearly shows the entire incident. They called
me within an hour saying they got the email and the owner would call me Monday.

Seems like a simple case, but the company told me to "sue them" for the payment. They are not going to reimburse
me anything. He said if I would have called them first, they would have sent someone
out to fix it. The gentleman (I use that term loosely) was very abrasive and rude and instead of ending the
conversation, he told me don't call back and hung up.

Anyway, my gut feeling is to sue them for repair of the yard and everything now. I considered calling the police and
filing a police report that stated they ran through my yard.

I am very mad and I just need some guidance here. Should I just let the whole thing go.

Here is the email I sent:

---------------------------------

Sir,

I woke up this morning to find a geyser in my front yard and marks from someone driving across it. See Pics.

I had an irrigation company fix the head and 10' of pipe. I attached the invoice.

Your driver left my neighbors yard and just drove across mine when leaving, damaging the irrigation system and leaving a huge
tire indentation and damage to the turf as well.

Fortunately I have a DVR system that records the front of the house and I have the entire event on recording.

I expect reimbursement of my repair for the irrigation repair within a reasonable time frame.

MY ADDRESS AND PHONE ETC. HERE.

-------------------------------


I'd not sue. Just get the monies you paid for the repair. I do wonder, however, what else that dvr picks up ? Hulk Hogan tape anyone? lol

Yeah so I'd sue him in small claims. The guy put you out $110 and ought to pay it.

wow, that's cheap. A plumber would charge you that much just for coming out.

I understand why the septic guy isn't too happy about paying. He could have sent his guys back out there to fix it and it'd only cost him a few bucks in parts that he probably already had on the truck. Instead, the OP overpaid someone else to fix it then contacted the septic guy for reimbursement. That's ok, but the normal thing to do with things like this (with contractors, tradespeople, etc,) is to contact the party who did damage before it gets fixed and give them the opportunity to fix it. So even though the septic guy knows he'll end up paying, he's just mad aout it and is going to make the OP work for it. Bummer of a situation.

jkimcpa said:   Lappie said:   jerosen said:   How much did it cost to repair?

$110
Post story and video on Youtube and FB. Send your story to Consumerist type site and pray it goes viral. Not worth getting the $110 back but worth teaching the guy a lesson in new media.


This isn't a restaurant or a auto mechanic or some type of business with lots of competition where people are used to looking at online reviews and whatnot before hiring someone. When you need a septic guy, or any emergency plumbing type thing, you just call down the list until someone says they can be there right away and that's who gets your business. The fact that this guy didn't immediately pay a neighbor, isn't going to hurt his business one bit.

marabout said:   I understand why the septic guy isn't too happy about paying. He could have sent his guys back out there to fix it and it'd only cost him a few bucks in parts that he probably already had on the truck. Instead, the OP overpaid someone else to fix it then contacted the septic guy for reimbursement. That's ok, but the normal thing to do with things like this (with contractors, tradespeople, etc,) is to contact the party who did damage before it gets fixed and give them the opportunity to fix it. So even though the septic guy knows he'll end up paying, he's just mad aout it and is going to make the OP work for it. Bummer of a situation.
Op has no obligation to allow the company that ran over his lawn be the one who fixes the problem.

If op had contracted the septic company himself, it would be normal to let them correct any issues related to their work, rather than hiring an outside contractor . But op wasn't having any work done, the guy just ran over his driveway to back out.

the damaging party is not entitled to have an opportunity to fix it . That would be like if a guy hit your car and demanded he fix it himself because he is in the autobody business and can do it cheap

Op is entitled to the full retail cost of repair by a licensed professional

marabout said:   I understand why the septic guy isn't too happy about paying. He could have sent his guys back out there to fix it and it'd only cost him a few bucks in parts that he probably already had on the truck.

The septic guy had his chance to fix it: when his guys actually caused the damage. They decided to keep going instead of stopping and take responsibility - that's the price he has to pay. While they may not have realized they damaged the sprinkler, surely they knew they drove off the road onto the grass. They thought they could get away with it, but OP luckily has it on DVR.

OP, be sure to report the geyser to your water company. In SoCal or Nevada, a water leak like that could cause your usage to go into a penalty range and cause your bill to skyrocket. They may be willing to adjust your bill because you identified and fix the problem (probably not remove the usage, but possibly re-rate at the non-penalty usage rate). Be sure to include any added cost of the water to your claim.

SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   Al3xK said:   SUCKISSTAPLES said:   He is preying on the fact you don't want the hassle of suing him

You should sue him, both individually and his company name


How can an individual lawsuit have any chance at winning? I ask this because I have a poor friend who wants to make extra money on weekends, so I was going to buy a loaded golf cart that he can shuttle people in the bar area around for cash. I planned to do an LLC & get insurance. I figured if something catastrophic happened, I'd just "bankrupt" the company and it'd be gone...your statement makes me think I could be individually sued for being an owner of a golf cart shuttle business.

The last thing a shady contractor wants to do is prove his corporate and personal records are properly segregated and prepared , and all corporate formailites have been followed.

Handle your golf Cart business properly and you should be protected from liability. But that doesn't mean you won't need to prove you've Been handling your corporate affairs properly.


AH, yes I forgot, when you sue you throw at every angle and see what sticks. Any example of what would be not handling my corporate affairs properly? I was thinking it wouldn't be too immoral, albeit wrong, if I filled up my escalade and wrote the gas receipt off a couple times.

Commingling business and personal finances is precisely the kinds of things that can get you


Here's a famous S. Carolina case, listing factors for the court
to consider in piercing the corporate veil. Your state may have different factors.


"Other factors that are emphasized in the application of the doctrine
are failure to observe corporate formalities, non-payment of
dividends, the insolvency of the debtor corporation at the time,
siphoning of funds of the corporation by the dominant stockholder,
non-functioning of other officers or directors,18 absence of corporate
records, and the fact that the corporation is merely a facade for
the operations of the dominant stockholder or stockholders. The
conclusion to disregard the corporate entity may not, however, rest on
a single factor, whether undercapitalization, disregard of
corporation's formalities, or what-not, but must involve a number of
such factors; in addition, it must present an element of injustice or
fundamental unfairness. But undercapitalization, coupled with
disregard of corporate formalities, lack of participation on the part
of the other stockholders, and the failure to pay dividends while
paying substantial sums, whether by way of salary or otherwise, to the
dominant stockholder, all fitting into a picture of basic unfairness,
has been regarded fairly uniformly to constitute a basis for an
imposition of individual liability under the doctrine."

The cite is 540 F.2d 681 and the case is Dewitt Truck Brokers, Inc. v
W. Ray Flemming Fruit Co. 4th Cir. CoA 1975."

Yes sue them, and once you do and they want to settle, they just increased the amount they will have to pay you.

Is the company registered on yelp/Angielist/BBB?

File a review with each of them, will definitely affect his future business.

civ2k1 said:   marabout said:   I understand why the septic guy isn't too happy about paying. He could have sent his guys back out there to fix it and it'd only cost him a few bucks in parts that he probably already had on the truck.

The septic guy had his chance to fix it: when his guys actually caused the damage. They decided to keep going instead of stopping and take responsibility - that's the price he has to pay. While they may not have realized they damaged the sprinkler, surely they knew they drove off the road onto the grass. They thought they could get away with it, but OP luckily has it on DVR.

OP, be sure to report the geyser to your water company. In SoCal or Nevada, a water leak like that could cause your usage to go into a penalty range and cause your bill to skyrocket. They may be willing to adjust your bill because you identified and fix the problem (probably not remove the usage, but possibly re-rate at the non-penalty usage rate). Be sure to include any added cost of the water to your claim.
. Is there a hit and run case here? What does the video tape show - did the drivers get out and look at the damage they caused?

What about the excess water bill?

I can't believe the guy would be a jerk over $110. You have proof, it could have been much worse of a bill, get you to sign a release of some sort saying this is it -- pay the $110 and move on with life.

Small claims - or The People's Court; Judge Marilyn Milian will rip that guy a new one.

SUCKISSTAPLES said:   marabout said:   I understand why the septic guy isn't too happy about paying. He could have sent his guys back out there to fix it and it'd only cost him a few bucks in parts that he probably already had on the truck. Instead, the OP overpaid someone else to fix it then contacted the septic guy for reimbursement. That's ok, but the normal thing to do with things like this (with contractors, tradespeople, etc,) is to contact the party who did damage before it gets fixed and give them the opportunity to fix it. So even though the septic guy knows he'll end up paying, he's just mad aout it and is going to make the OP work for it. Bummer of a situation.
Op has no obligation to allow the company that ran over his lawn be the one who fixes the problem.

If op had contracted the septic company himself, it would be normal to let them correct any issues related to their work, rather than hiring an outside contractor . But op wasn't having any work done, the guy just ran over his driveway to back out.

the damaging party is not entitled to have an opportunity to fix it . That would be like if a guy hit your car and demanded he fix it himself because he is in the autobody business and can do it cheap

Op is entitled to the full retail cost of repair by a licensed professional


Depends on the state law on mitigation of damages. So the answer may or may not be correct. In Texas you have that duty in tort as well as contract. So you better find out what state tort law provides. It may not be the answer you want as to the amount. I would say liability is pretty clear.

Raf2 said:   Small claims - or The People's Court; Judge Marilyn Milian will rip that guy a new one.

File in small claims, The People's Court (and/or other "judge" shows) will contact you if they think your claim is interesting. They troll small claims dockets across the country and contact the parties. You sign a contract agreeing to arbitrate in front of the "Judge" and be on TV.

Little known fact: The producers of those TV shows pay out the damages for every case, whether or not the "Plaintiff" wins.

oopsz said:   Raf2 said:   Small claims - or The People's Court; Judge Marilyn Milian will rip that guy a new one.

File in small claims, The People's Court (and/or other "judge" shows) will contact you if they think your claim is interesting. They troll small claims dockets across the country and contact the parties. You sign a contract agreeing to arbitrate in front of the "Judge" and be on TV.

Little known fact: The producers of those TV shows pay out the damages for every case, whether or not the "Plaintiff" wins.

right. My co worker twice was contacted by Judge Joe Brown over a neighbor dispute case
They typically select cases between individuals rather than companies (and never select cases against large companies)

>> Is there a hit and run case here? What does the video tape show - did the drivers get out and look at the damage they caused?

How do you 'hit and run' an irrigation system? Inquiring minds want to know.

OP, regardless of the messiness caused by the septic contractor, I think I'd share some of the owner's attitude with your neighbor. The septic business seems to be very territorial/competitive, so it doesn't make good business sense that the owner would behave this way. Word of mouth might be useful come his renewal time. I cant help but wonder if this is a problematic son or son-in-law that was driving.

<Sent from my comfty abode with a what-can-we-do-to-ensure-you're-a-happy-customer? Septic Service that takes care of my poo needs)

I would give the guy one more chance. Send a follow up email stating you appreciated their quick return call to your email, and the call Monday as promised. Then shortly document the call: Note his contention that you should have let him fix it, note that you only allow irrigation professionals to work on your irrigation, and note his direction to sue him and that he hung up. Advise him that you will allow until x date to receive full reimbursement, after which you will do as asked, and sue. You may wish to note that since you don't have time to mess with this, you will hire an attorney to handle the suit and will include recovery of attorney fees. Send the letter registered mail return receipt, and scan the registration and send the letter with that via email.

Then proceed accordingly.

SUCKISSTAPLES said:   
Op has no obligation to allow the company that ran over his lawn be the one who fixes the problem.


Of course not. Legally he is handling it properly. But sometimes there are easier ways to get things fixed, and the contractor is apparently happy to teach that lesson to the OP.

Skipping 152 Messages...
Lappie said:   Well, I hate to reopen an old thread, but the bastards never paid me.

I also, wondering if this would happen, got a quote from a landscape company for the sod and such.

I also attached that.


BradisBrad said:   Lappie said:   Its over. The Operations Manager just called me back and said they would pay for the sprinkler repair, nothing else. I agreed.

I'm glad you found resolution and you obviously feel well-compensated since you agreed to the repair bill.








But secretly I wanted to see this one turn into a FWF classic.


Take him down Lappie.



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