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Landscapers damaged my car, denying liability

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rated:
Hello,

I typically park my car away from my office building and for an one-hour period in the afternoon last week, it was car parked next to my office building. Landscapers were working in the vicinity. A friend noticed scratch marks on the passenger side and alerted me. I called the building security folks and they noted in their report that it may have been caused by wheelbarrow traveling along the divider between two parking spots. But, there was no eye-witness or no videos. They mentioned it in their report and also found 2-3 fresh specks of dirt along the divider.

Of course the landscapers deny liability. Police says I can't prove that they did it, so I have no criminal mischief case. I don't want go through my insurance ($900 cost vs $500 deductible). What can one do? Small claims?

Thanks
 

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rated:
You really have no proof that it was the landscapers. I'm sorry to say you don't have a case against the landscapers unless you can find video/witnesses.

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that will buff right out...

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You have no evidence so suing will do you no good. What a rent-a-cop thinks happens means very little. You need witnesses, video, or confession. 

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Bluff with the landscapers you have video proof, but if they been doing it for the same business for a while they might know you're full of bs and tell you to pound sand.

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speedracer714 said:   Bluff with the landscapers you have video proof, but if they been doing it for the same business for a while they might know you're full of bs and tell you to pound sand.
  Unfortunately, the time for that is passed. Based on y'all's responses, I am starting to pound sand...

rated:
samjd said:   Hello,

I typically park my car away from my office building and for an one-hour period in the afternoon last week, it was car parked next to my office building. Landscapers were working in the vicinity. A friend noticed scratch marks on the passenger side and alerted me. I called the building security folks and they noted in their report that it may have been caused by wheelbarrow traveling along the divider between two parking spots. But, there was no eye-witness or no videos. They mentioned it in their report and also found 2-3 fresh specks of dirt along the divider.

Of course the landscapers deny liability. Police says I can't prove that they did it, so I have no criminal mischief case. I don't want go through my insurance ($900 cost vs $500 deductible). What can one do? Small claims?

Thanks
 
  

rated:
Could I try Small claims court? The security officer noted color residue on a wheelbarrow and the specks of dirt that I noted.

I am sorry, I am just having a hard time letting go.

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samjd said:   Could I try Small claims court? The security officer noted color residue on a wheelbarrow and the specks of dirt that I noted.

I am sorry, I am just having a hard time letting go.

  Of course you can but will you win?  I think you know the answer.

rated:
How big of an office is this? Is the landscaping hired by your company directly, or by a property management company? What I am getting at, is can you get someone responsible for selecting the landscaper to put pressure on the landscaping company? If they feel their contract is threatened, they will pay the $900 to keep the account.

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nasheedb said:   How big of an office is this? Is the landscaping hired by your company directly, or by a property management company? What I am getting at, is can you get someone responsible for selecting the landscaper to put pressure on the landscaping company? If they feel their contract is threatened, they will pay the $900 to keep the account.
I work for a small company, but the space management company is big; some 40-45 buildings. Plus, the landscapers are big (multimillion); the claims manager is in California. Thanks for suggesting; I will write to the building managers. I am wondering if I make a small claims appeal against the claims manager and if he doesn't show up (in Denver), do I win by default?   

rated:
Totally SOL.

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I manage CCTV for a non for profit and one day a patron parked in our lot claimed that someone damaged his bumper while he was in the building. He absolutely claimed that his bumper was fine before he parked the car that day. We reviewed the CCTV footage with him and showed him that the damage was there BEFORE he entered our lot. I should have captured the look on his face.

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samjd said:   
speedracer714 said:   Bluff with the landscapers you have video proof, but if they been doing it for the same business for a while they might know you're full of bs and tell you to pound sand.
  Unfortunately, the time for that is passed. Based on y'all's responses, I am starting to pound sand...

  Stage a reenactment of the incident, and have someone video it with a crappy cell phone camera from a ways away.  Then bluff that you have found a witness.

No, I wouldnt seriously recommend faking a video.  But you say the "claims manager" is in CA, and denied liability - did you ever talk to the actual local guys?

rated:
ach1199 said:   I manage CCTV for a non for profit and one day a patron parked in our lot claimed that someone damaged his bumper while he was in the building. He absolutely claimed that his bumper was fine before he parked the car that day. We reviewed the CCTV footage with him and showed him that the damage was there BEFORE he entered our lot. I should have captured the look on his face.
  And, that is relevant, how? I see, you have skills to review CCTV footage and embarrass people. And, you are implying that I am lying, to an anonymous forum! 

rated:
Glitch99 said:   
samjd said:   
speedracer714 said:   Bluff with the landscapers you have video proof, but if they been doing it for the same business for a while they might know you're full of bs and tell you to pound sand.
  Unfortunately, the time for that is passed. Based on y'all's responses, I am starting to pound sand...

  Stage a reenactment of the incident, and have someone video it with a crappy cell phone camera from a ways away.  Then bluff that you have found a witness.

No, I wouldnt seriously recommend faking a video.  But you say the "claims manager" is in CA, and denied liability - did you ever talk to the actual local guys?

  The local supervisor and manager passed on the claim to the CA dude, who also received the report from the buildings security officer. 

rated:
send a letter to owner of landscaping business, demanding payment. Mention that you found two, independent witnesses who saw the landscapers scratch your car.

if no response, file a lawsuit. in your paperwork, mention your two, independent witnesses by name & address.

that might motivate a partial, out-of-court settlement.

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nazapastic said:   send a letter to owner of landscaping business, demanding payment. Mention that you found two, independent witnesses who saw the landscapers scratch your car.

Borderline mail fraud, but no significant risk of anything worse than looking like an idiot.



if no response, file a lawsuit. in your paperwork, mention your two, independent witnesses by name & address.

  
Fraud upon the court.
Now you're running into a significant possibility of financial sanctions.

rated:
File a lawsuit

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samjd said:   
ach1199 said:   I manage CCTV for a non for profit and one day a patron parked in our lot claimed that someone damaged his bumper while he was in the building. He absolutely claimed that his bumper was fine before he parked the car that day. We reviewed the CCTV footage with him and showed him that the damage was there BEFORE he entered our lot. I should have captured the look on his face.
  And, that is relevant, how? I see, you have skills to review CCTV footage and embarrass people. And, you are implying that I am lying, to an anonymous forum! 

Dude, chill out... Ach wasn't calling you a liar... he was just passing along an interesting personal experience.

It was relevant because it furthers the point that without video evidence or eyewitnesses, you can't prove what really happened.

rated:
samjd said:   
ach1199 said:   I manage CCTV for a non for profit and one day a patron parked in our lot claimed that someone damaged his bumper while he was in the building. He absolutely claimed that his bumper was fine before he parked the car that day. We reviewed the CCTV footage with him and showed him that the damage was there BEFORE he entered our lot. I should have captured the look on his face.
  And, that is relevant, how? I see, you have skills to review CCTV footage and embarrass people. And, you are implying that I am lying, to an anonymous forum! 

  No, the point is that the damage could have happened anywhere and you just didn't notice. Cars get scratched. Shit happens. Get over it.

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