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OT - small claims court next Tuesday

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Old 10-31-2002, 05:39 PM
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Quote:
Originally posted by later
Actually garage keepers insurance only insures the vehicle inside the building such as building burns and your car is in it, if the car is sitting outside your insurance covers it as if it was sitting in the grocery store parking lot.
laterDave
There has to be "due care" in cases such as this. Imagine if you will you turned your car keys over to a valet and the valet parks your car 5 blocks down the road in a bad part of town. You come out and your wheels are stolen...the valet company is liable because they have to use "due care" in protecting your car - even though you willingly turned your car over to them, they must excercise due (reasonable) care in protecting your car while in their possession.
But I'll be sure to let you guys know what happens on Tuesday.

I've never lost a small claims case yet....
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Old 10-31-2002, 06:04 PM
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Good luck G!!!
I hate having to do this.. but if you get satisfaction.. more power to you!!
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Old 10-31-2002, 07:56 PM
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Good luck G.... and GET A HAIRCUT before court! LOL!
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Old 10-31-2002, 09:59 PM
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For insurance stuff thats my area, legal is the wife. Whatever you
need let us know.

Good Luck,

Dean
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Old 10-31-2002, 11:36 PM
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My thought is that the garage is at fault becasue the vehicle was in thier possession. From there it should come down to the shop and the builder duking it out about who pays what. However, I agree with zoom, both parties should be sued if anyone is sued at all. I hope I don't burst your bubble, but I bet they will not be found at fault. My thought is the thing that works in your favor is that the guy parked the truck off the property. Is it his property used for business or just some lot across the street? The latter will work in your favor. If it were my shop, I would pay for the stereo. Good business. Thru no fault of your own the stereo was stolen.

You may want to go after the shop owner about not carrying business liability insurance and operating a business out of a residential sight without proper insurance protection. He should have atleast a $1 million liability policy. Question his sales tax collections/vendors license and question his taxpaying id and any business license he may not have in accordance with local law. Better double check the law in your area, but typically you cannot just run a business out of a residential location, especially without proper coverage, etc...as mentioned above. You may want to confront him with the fact you knw he is operating illegally---if indeed he is---. He may change his tune rather quickly. Don't threaten him, just tell him your knowledge, or just wait and blindside him in court. Your arguement in court could go something along the lines of...."While operating an illegal businees by not blhablahblah1,2,3, said owner put my proerty at undue risk....blahblahblah while not having proper blahblahblah...and so on...".....I do not know the law, just my opinion. Not sure if a judge will see it this way, but I hope you get the W, because you deserve to have the stereo replaced. I hope you win, I am filing one on Tuesday vs. a cell phone company.

Good luck, Allan
 
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Old 11-01-2002, 07:15 AM
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Good point Allan, Might be worth a try.
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Old 11-04-2002, 06:35 PM
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Ahhhh...the smell of desperation!
Pekin Insurance called today with a very generous offer of $500.00 to settle out of court. Considering I'm looking for a total of $8300.00 it did give me a pretty big laugh.
The guy from Pekin was pretty embarrassed too...his quote was "They're making me ask this, I don't know why."

I'll post up as soon as I get into work after court tomorrow morning. Should be like shooting fish in a barrel.
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Old 11-05-2002, 01:11 AM
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Good Luck G!!!!!!!!!

BTW, aren't you getting tired of going to court?????
Did that other "thing" finally get dropped????
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Old 11-05-2002, 01:11 AM
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Good Luck G!!!!!!!!!

BTW, aren't you getting tired of going to court?????
Did that other "thing" ever get dropped????
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Old 11-05-2002, 12:32 PM
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Quote:
Originally posted by Griff
Good Luck G!!!!!!!!!
BTW, aren't you getting tired of going to court?????
Did that other "thing" ever get dropped????
I'm an idiot! Court is tomorrow - voting is today...I don't know what I was thinking. Wasted a trip to the county courthouse this morning - good thing I'm on salary.

And yep - that "other thing" got dropped - as it should have.
And double yep - I'm DAMNED tired of going to court. Looks like I'll be going to court over my insurnace policy for G-Force.
After only 3 months my marina called today to say they have the estimate ready!! Real speedy workers at my marina.
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