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#7142965 - 02/07/12 01:27 PM Some times you just got to stand up for yourself.
ToadSnatcher14 Online   content
Extreme Angler

Registered: 08/19/09
Posts: 2668
Loc: Justin,Texas
Back in September I was taking my daughter to daycare when I got my drivers mirror taken off by a Uniform Company truck. Well I pulled the guy over exchanged info, both of us took pics and decided to not call the police. My mistake. Well when it came down to it the company's insurance rejected the claim plus their driver denyied hitting me. I called the owner of the company and the insurance company and they didn't respond. Then I sent an email with pics and told them I was taking them to small claims court for the cost of the mirror, court cost, and wasting my time. Long story short I just got them served last week and low and behold my check is in the mail from their insurance company that screwed me the 1st time. Let it be known that the Toad don't take no for an answer and by gosh I got my fishing money back. Don't let people walk on you cause they think you don't know how or think your not going to do it.
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#7142968 - 02/07/12 01:28 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
Trickster Offline
TFF Guru

Registered: 07/27/07
Posts: 18354
Loc: Plano TX
Good deal. How much did you get for your time spent?

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#7142970 - 02/07/12 01:28 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
Tritonman Online   happy
TFF Guru

Registered: 09/20/04
Posts: 44366
Loc: Southlake,TX
small claims court would have paid 3x the damages wink
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#7142975 - 02/07/12 01:29 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
OldFrog Offline
TFF Guru

Registered: 02/16/06
Posts: 45060
Loc: I'm somewhere all the time
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#7142997 - 02/07/12 01:36 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
ToadSnatcher14 Online   content
Extreme Angler

Registered: 08/19/09
Posts: 2668
Loc: Justin,Texas
It has gone on long enough. I have missed work and was tired of jacking with it. I got all my $ back and few extra bucks. I could have taken it to court and probably won but the fact is all I wanted was the actual cost of the mirror the first time. I put the replacement on at discounted price since my Dad has a deals with Dodge. I still feal like I won without dragging it out more. When there are no guarantees my grandpa always use to say take the money and run if break even. So that's what I did and don't regret it.
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#7143001 - 02/07/12 01:37 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
Roller22 Offline
Extreme Angler

Registered: 03/30/04
Posts: 2581
Loc: Justin, TX
Something similar is happening to me. I do landscaping and call DigTess each time we have to dig in an area. They came and marked the location of the Verizon line so we go and start digging away from the markings. We hit the line approximately 5 ft. from the mark.

Technician came out from Verizon and stated the same thing I thought, the line was miss marked. He put in a temporary line and we discussed the whole situation for about an hour. The entire time he agreed that is was at least off by 5 ft.

Three months later I get a call from a collection agency trying to get money for the repair of the line. I explained the situation and thought it was over. Two months later, I get another call from a different agency stating the same thing. Verizon wants payment for repairing the line. I calmly explain the situation and request a meeting with Verizon and the technician.

Last month another call and another different agency requesting payment. Once again I explain the situation and request a meeting with Verizon and the technician.

It has been about a month and I would bet I'm about to get another call.

To be cont.


Edited by Roller22 (02/07/12 01:39 PM)
Edit Reason: spelling
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#7143002 - 02/07/12 01:37 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
fouzman Offline
Methuselah

Registered: 01/20/09
Posts: 21113
Loc: Houston, TX
You cannot get treble damages in small claims court for an auto accident that was due to negligence, which was the case in this instance.

Only if the accident was intentional and/or with malice.

All you'll get in small claims is actual damages and court costs. Always better to settle with the insurance company in this instance. If they won't settle, the threat of court action typically wakes them up.
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#7143018 - 02/07/12 01:42 PM Re: Some times you just got to stand up for yourself. [Re: fouzman]
ToadSnatcher14 Online   content
Extreme Angler

Registered: 08/19/09
Posts: 2668
Loc: Justin,Texas
Originally Posted By: fouzman
You cannot get treble damages in small claims court for an auto accident that was due to negligence, which was the case in this instance.

Only if the accident was intentional and/or with malice.

All you'll get in small claims is actual damages and court costs. Always better to settle with the insurance company in this instance. If they won't settle, the threat of court action typically wakes them up.


Fouz that's what the insurance company told me. You got some wisdom there sir.
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#7143027 - 02/07/12 01:45 PM Re: Some times you just got to stand up for yourself. [Re: Roller22]
ToadSnatcher14 Online   content
Extreme Angler

Registered: 08/19/09
Posts: 2668
Loc: Justin,Texas
Originally Posted By: Roller22
Something similar is happening to me. I do landscaping and call DigTess each time we have to dig in an area. They came and marked the location of the Verizon line so we go and start digging away from the markings. We hit the line approximately 5 ft. from the mark.

Technician came out from Verizon and stated the same thing I thought, the line was miss marked. He put in a temporary line and we discussed the whole situation for about an hour. The entire time he agreed that is was at least off by 5 ft.

Three months later I get a call from a collection agency trying to get money for the repair of the line. I explained the situation and thought it was over. Two months later, I get another call from a different agency stating the same thing. Verizon wants payment for repairing the line. I calmly explain the situation and request a meeting with Verizon and the technician.

Last month another call and another different agency requesting payment. Once again I explain the situation and request a meeting with Verizon and the technician.

It has been about a month and I would bet I'm about to get another call.

To be cont.


Roller I've got the contacts with Verizon you need to talk with to get this resolved. PM me if you want them. I go thru this all the time with my job. We are constantly hitting their lines due to mid marks or no locates...
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#7143036 - 02/07/12 01:46 PM Re: Some times you just got to stand up for yourself. [Re: fouzman]
PSG Online   shocked
TFF Celebrity

Registered: 07/17/10
Posts: 6286
Loc: Lubbock, TX
Originally Posted By: fouzman
You cannot get treble damages in small claims court for an auto accident that was due to negligence, which was the case in this instance.

Only if the accident was intentional and/or with malice.

All you'll get in small claims is actual damages and court costs. Always better to settle with the insurance company in this instance. If they won't settle, the threat of court action typically wakes them up.


Having to deal with the court action is far more of a pain than just writing a check. Unless they're really dedicated to that little bit of money (which they may have to spend anyway), it does make more sense to just go ahead and mail a payment.
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#7143071 - 02/07/12 01:55 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
Roller22 Offline
Extreme Angler

Registered: 03/30/04
Posts: 2581
Loc: Justin, TX
PM sent.

Thanks
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#7143115 - 02/07/12 02:12 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
guacamolebass101 Offline
Extreme Angler

Registered: 10/14/09
Posts: 1671
Loc: the hood
thumb thumb thumb thumb coolio
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#7143138 - 02/07/12 02:23 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
KingwoodCat Offline
TFF Guru

Registered: 10/30/04
Posts: 17785
Loc: Kingwood TX
I had a POS property manager trump up reasons to not give me my security deposit back once. When he got served the small claims court papers, I got my money back. You are absolutely right. If you don't stand up for yourself no one else will.
Glad to hear you got your cash.
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#7143166 - 02/07/12 02:31 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
ToadSnatcher14 Online   content
Extreme Angler

Registered: 08/19/09
Posts: 2668
Loc: Justin,Texas
The thing that sucks is I feel like I had to threaten to Sue them. Now I'm not that kind of guy and always hear of this carp and some of it is legit and some is crazy. The way they treated me was like I was the one at fault, I was the one guilt. Simply not the case and once I agreed with my self I knew I didn't do anything wrong and wanted my hard earned money back. It was a $404.19 mirror (my cost) got my court fee, 70 bucks back for the Constable to serve plus 6 bucks postage. The woman gets a 100 bucks for pushing me on it and helping get it notarized. She is good peoples.


Edited by ToadSnatcher14 (02/07/12 02:33 PM)
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#7143169 - 02/07/12 02:32 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
BadMamaJama Offline
TFF Team Angler

Registered: 07/22/09
Posts: 4755
Loc: Roanoke, TX
What is a Point Of Sale property manager? grin
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#7143216 - 02/07/12 02:49 PM Re: Some times you just got to stand up for yourself. [Re: ToadSnatcher14]
VIP Fishing Online   content
TFF Team Angler

Registered: 05/26/09
Posts: 4021
Loc: A wandering Nomad
Insurance companies SUCK! All of them! They abuse people!
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