Legal help please? Trash truck damaged my truck. What options do I have?

Question

At 5:40 AM trash truck( the kind that has the grabber) picked up my neighbors trash along with thier newspaper box metal pole & all. When he shook the grabber to shake the trash out the pole flew across the street hit my truck & left deep gashes. I did not see it happen but I did hear it. Paper box up before trash truck came, gone immediatly after trash truck left. Driver says he doesn't remember the incident. Private haulers refusing to return calls. I don't want my ins. to pay. I think the trash company should. Thanks in advance.

Answer 1

I'm sorry that happened to you. That really sucks. File reports with the police, DMV and your insurance company. Your insurance company will be responsible for contacting the company and getting estimates for repairs, you shouldn't have to yourself. The company will give you the run around because they don't want to held responsible. You need contact information of the witnesses and if possible the name and license number of the Driver. Also take pictures of your car and the object that hit it to submit to your insurance company for proof, it couldn't hurt. Good Luck!

Answer 2

You need to contact an attorney in your area. Essentially, you are describing the tort of negligence on the part of the private trash company through its agent, the trash truck driver. However, you have a bit of a problem: you have no direct evidence (like an eyewitness) proving that the driver damaged your truck. This means you will need to rely on circumstantial evidence to prove your claim.

An attorney can discuss the relative strength of your case, based on your state's laws on the subject of negligence and all the evidence you have collected that points to the trash hauler damaging your truck. You will want to collect as much evidence before seeing the attorney. Did the trash guy apologize to you or to your neighbor for ripping out his newspaper box? Have they promised to fix it, or pay for it? Did your neighbor see anything? Hear anything?

After you have retained any attorney, they can make a demand against the trash company's insurance carrier; most reputable businesses carry some form of insurance, especially if they have vehicles (some states require it). If the demand letter does not obtain relief, then you can discuss filing a lawsuit with your attorney.

When contacting an attorney, you are looking for one that is willing to work on a "contingency basis," which means the attorney is not paid unless you win your case or receive money from the insurance carrier from the demand. One thing to be wary of is that while if you lose you don't have to pay attorney's fees, you always remain liable for the direct costs of litigation, like the filing fees, witness fees, etc.

Good luck.

Answer 3

first, make a police report. Then, get estimates on repairs. Then file a suit against them in small claims court. However, be prepared because you may not win. If the pole flew across the street and hit your car, the pole should have been there near your car. And in the absence of witnesses, you may not prevail.
Good luck

Answer 4

I think having a lawyer make a call to them or writing a letter would help a lot. The best way to do that is through Pre-Paid Legal. Give this website a look:

http://www.getprotectedhere.com

Answer 5

make out a police report then turn it in to your insurance company or after you get the report you can get an attorney just remember the attorney take 1/3

Answer 6

trash co. should pay, but it would help if you knew exaclty wich truck (liscence plate#) and driver did. A police report would be helpful, def get a free consultation with a lawyer

good luck!