QUESTION
Can I go to small claims for the damages on my truck?
Asked on Jun 15th, 2013 on Personal Injury - New York
More details to this question:
I was dropping off furniture at my sister’s house. When I got there, her boyfriend opened the gate for me. When I was halfway through the gate, it swung shut. I told the manager about it but she told me it never happened to anyone before. Turns out it already happened to a tenant. She took photos and my information to give to the owner and said they’d call me. They never called so I called them but they said they will not pay for the damages on my truck but will seek damages for the gate since my truck was not allowed back there. There was no sign posted when the accident happened but there is now.
6 ANSWERS
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Yes you can go to small claims. If you are able to show that they knew or should have known that there was a problem with the gate, and that you your self were being careful, and you can prove your damages, you should prevail.
Answered on Jun 18th, 2013 at 2:30 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Ask her for her homeowners insurance information and speak with an adjuster.
Answered on Jun 18th, 2013 at 2:29 PM
James Eugene Hasser
Yes, but consider making a collision claim and letting your insurance company worry about getting their money back.
Answered on Jun 18th, 2013 at 11:06 AM
Thomas Edward Gates
Yes, you can take them to small claims. Take pictures of the off-loading area, show no warnings or sign prohibiting access to that area. Also since this happen before, they have to prove that your vehicle caused the damage to the gate.
Answered on Jun 18th, 2013 at 11:05 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you can sue in small claims court. You should check your local small claims court to determine what the maximum amount it is able to award would be. You want to make sure that you can pursue all of your damages. This may be something that you need an attorney to assist you with since there are going to be issues of liability.
Answered on Jun 18th, 2013 at 10:48 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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Yes. However, you need to check with the county in which you reside or do business in order to ascertain the amount that you can sue for. In some counties, the most you can sue for is $3,000, others $5,000. So check with the county clerk's office where you reside.
Answered on Jun 18th, 2013 at 9:04 AM