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Old 02-28-2011, 06:57 PM   #286
acesandeights
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Damn, I'm surprised you don't own that lawnmower by now!
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Old 03-02-2011, 05:20 PM   #287
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MAN. You just got mowed the f**k down! LOL
Not making fun of you. That really sucks.
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Old 03-02-2011, 06:40 PM   #288
eatpasta OP
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yes it does... heh

Ive left five messages to the controller lady and no responses. Im starting to wonder whether or not just going to small claims is going to be the way to go here.

Ill have to research it a bit but this is above and beyond ridiculous. Talk about the wheels moving slowly.
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MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 03-03-2011, 02:03 PM   #289
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A required trip to small claims court is really hard for them to ignore. I would not waste any more time on them..........File, and my bet is they will settle to avoid appearing.
Make sure you add in the cost of filing to any acceptable settlement.
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Old 03-03-2011, 03:51 PM   #290
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A required trip to small claims court is really hard for them to ignore. I would not waste any more time on them..........File, and my bet is they will settle to avoid appearing.
Make sure you add in the cost of filing to any acceptable settlement.
Ill just go for the maximum in small claims, which is $7500.

I think that's fair
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We shall not cease from exploration, and the end of all our exploring will be to arrive where we started and know the place for the first time.
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Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 03-03-2011, 03:58 PM   #291
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Originally Posted by eatpasta View Post
Ill just go for the maximum in small claims, which is $7500.

I think that's fair

Actually, it's 7500 PLUS court costs
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Old 03-03-2011, 05:18 PM   #292
eatpasta OP
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Actually, it's 7500 PLUS court costs
costs?

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Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 03-03-2011, 05:57 PM   #293
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You can't just go for the max, you have to justify what you are suing for - itemized as it were.

If the cost to repair the motorcycle is $1500, damaged gear $300, personal effects $150, medical $50, loss of use 30 days (the max they will cover at $25/day) then the most you can file for is $2750.

If the repair cost is more than the value of a comparable replacement (value at the time of loss), then the replacement cost is what you use instead of the repair cost.

On mine, the cost to repair was $7500, and replacement was $3200 - we got the $3200 plus things like towing, cost of the repair estimate, loss of use and the filing fees.

jdg
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Old 03-03-2011, 07:29 PM   #294
acesandeights
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Ditto what jdgretz said. You don't get more than your documented loss.
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Old 03-03-2011, 07:58 PM   #295
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Time for a recon mission to the parking lot of city employees who mow the parks.. A little aircraft grade paint remover would not fix your bike,but you might feel better about your loss. Of course this is a I don't really mean it
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Old 03-04-2011, 09:34 AM   #296
eatpasta OP
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Quote:
Originally Posted by jdgretz View Post
You can't just go for the max, you have to justify what you are suing for - itemized as it were.

If the cost to repair the motorcycle is $1500, damaged gear $300, personal effects $150, medical $50, loss of use 30 days (the max they will cover at $25/day) then the most you can file for is $2750.

If the repair cost is more than the value of a comparable replacement (value at the time of loss), then the replacement cost is what you use instead of the repair cost.

On mine, the cost to repair was $7500, and replacement was $3200 - we got the $3200 plus things like towing, cost of the repair estimate, loss of use and the filing fees.

jdg
the estimate I got from Hollywood honda/BMW was for $9500
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T. S. Eliot
Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 03-04-2011, 10:36 AM   #297
jdgretz
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Quote:
Originally Posted by eatpasta View Post
the estimate I got from Hollywood honda/BMW was for $9500
OK, at this point you need to see what a replacement will cost. If you can get one in similar condition, etc. for less than $7500, then you can do the small claims bit. If, however, a replacement is over $7500, then you are stuck in the mill. What you may well run in to is the replacement being substantially less than the repair, at which point they will total your current bike and pay you the replacement value - comps from date of loss, not Blue Book value (back to one of the e-mails/PMs I sent you early on for the Insurance Board regulation on that). If you want to buy the salvage bike back, you can do that. They will have a salvage bid - that's what you would pay the city if you want to rebuild the bike yourself. They still will pay you the replacement value. The purchase of your salvage bike is a separate action from the replacement/reimbursement activity.

Does that make sense?

jdg
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Old 03-04-2011, 02:05 PM   #298
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OK, at this point you need to see what a replacement will cost. If you can get one in similar condition, etc. for less than $7500, then you can do the small claims bit. If, however, a replacement is over $7500, then you are stuck in the mill. What you may well run in to is the replacement being substantially less than the repair, at which point they will total your current bike and pay you the replacement value - comps from date of loss, not Blue Book value (back to one of the e-mails/PMs I sent you early on for the Insurance Board regulation on that). If you want to buy the salvage bike back, you can do that. They will have a salvage bid - that's what you would pay the city if you want to rebuild the bike yourself. They still will pay you the replacement value. The purchase of your salvage bike is a separate action from the replacement/reimbursement activity.

Does that make sense?

jdg
yeah, ive already done it in the past. its yet another fun, fun, fun process.
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We shall not cease from exploration, and the end of all our exploring will be to arrive where we started and know the place for the first time.
T. S. Eliot
Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 03-05-2011, 07:12 AM   #299
4wheeldog
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Quote:
Originally Posted by eatpasta View Post
the estimate I got from Hollywood honda/BMW was for $9500
If you can document replacement plus gear, medical, lost wages.....is at least $7500, and you feel that you would be made whole if you received that amount, then by all means, file the action in small claims court. There is no requirement by the court that your documented damages do not exceed the maximum.

If you have to go to court, supeona the involved cop, as well as the clown on the mower. When the city looks at the fact that they will be paying 3 employees to be present in court (Don't forget the risk management person that to represent the city) and will lose anyway, they will likely pay up to make you go away. Just sayin'.
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Old 03-05-2011, 09:58 PM   #300
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how to collect after getting a judgement? Consider this guy whom forclosed on a bank. No ship h,e had a 1000 buck jugdement that wells fargo didn't pay and he got the cops to but it the local branch for auction. They gave him his cash fast. http://www.thestar.com/business/arti...closes-on-bank

Just get the paper and file them. If then don't answer in 5 days ( at least thats the rule here) you walk in and the court issue you a judgement.
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