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do I need a lawyer

Discussion in 'Off Topic Threads' started by moowho, Jan 15, 2010.

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  1. moowho

    moowho Member

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    Where do I start or what do I do? I took a snomobile to a local repair shop to fix a coolent line. They rebuilt the motor at the end of last season so no hours are on it. The first time running it thie season the coolent hose blew off. While at the shop the owner test drove it after fixing it lost control and hit a car and totaled the machine/ I now he has insurance but he says he don't and doesn't want to pay what the sled is worth.
     
  2. Bubba

    Bubba Member

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    Yes, you need a lawyer.
     
  3. short shucker

    short shucker TS Member

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    Get a lawyer quick and get something going before he closes shop and takes off. You can't be in business (have a business license) without insurance.

    There are quite a bit of add-ons that can be added to the lawsuit. You may also want to discuss this with your insurance company. Turn it into them and let the insurance company go after the idiot.

    ss
     
  4. warren

    warren Member

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    Before you spend a lot of money on a lawyer you should make sure the shop owner has the wherewithall to pay you if you win. If he doesn't have insurance it's a pretty good bet he can't pay you even if he wanted to. You should turn it over to your insurance co and let them deal with him. Just my opinion from the school of hard knocks.

    warren
     
  5. shannon391

    shannon391 Active Member

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    Easy to find who he is insured with, then deal with them directly.

    I had a car destroyed, on a fenced in mechanics lot, by vandels, The car was paid for so I did not carry full coverage. The owner said it was my problem (actually called me at work that morning telling me I had to get my trashed car off his lot asap}. After the third call to local insurance companies, I found his carrier.

    They informed me he was fully covered and resposible.
    He was flaming mad when he found out I went over his head and recieved a check for all damages.
     
  6. g7777777

    g7777777 TS Supporters TS Supporters

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    Some good advice

    Send a demand to his insurance company- buisness insurance- car insurance and his home insurance companies

    Depending on value- small claims

    When in doubt - contact an attorney-

    I am assuming this just happened?

    Now having said all the above- the fact situation doesnt jump right out at you that it is his fault- was the machine defective? He could always countersue you- so be sure your ducks are in a row

    regards from Iowa

    Gene
     
  7. perazzitms

    perazzitms TS Member

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    Who's car? Might want to team up with the car owner, otherwise they're liable to go after you as the owner of the machine.

    He's betting the value of the machine to you is less than what the lawyer would cost. One of the benefits of small claims court is low filing costs. The drawback is you usually can't get money for legal fees.

    See if you can get the police report. Might have insurance info on it. Take it to his insurance company and tell them that they make you whole, or your lawyer will make them make you whole.
     
  8. short shucker

    short shucker TS Member

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    One thing I forgot to mention, in some states not reporting an accident involving a registered vehicle is a big no no, if it happened on state land. What I mean by registered vehicle is snowmobiles, atv's, etc that can be registered for use on public trails.

    ss
     
  9. moowho

    moowho Member

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    how do I find out who his insurance co. is / In the accident report he states none.
     
  10. g7777777

    g7777777 TS Supporters TS Supporters

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    He has car and home insurance for certain-- or maybe not

    I would claim against all his insurance policies- every one

    your insurance agent has a data base that will allow them to search for insurance

    regards from Iowa

    Gene
     
  11. Auctioneer

    Auctioneer Well-Known Member

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    Get a lawyer and go after him fast.
     
  12. shannon391

    shannon391 Active Member

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    You will not need to pay a lawyer for a cut and dried case of insurance claim.

    Big Don would give the best advice on this matter.
     
  13. quartering

    quartering Active Member

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    you don't need a lawyer for this. just contact you're insurance agent and he'll get in contact with his insurance company and you'll get your check. btw, this is an excellent example of why you want to buy your insurance through a local agent and not through some discount insurance corporation. good luck with it and post back with the resolution
     
  14. quartering

    quartering Active Member

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    so what? that's when your insurance agent recommends that you get a lawyer. i say pursue it in a logical progression. good luck with it
     
  15. BIGDON

    BIGDON Well-Known Member

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    Get the wheels turning with your own Ins.(you do have your own policy covering the machine don't you?) for 2 reasons. 1. Physical damage to the machine. 2. Liability, as the owner of the machine the ultimate liability comes back to you for damages and injuries to the other party

    Your Ins. Co. will subrogate the money paid out against the shop owner and or his Ins Co.. If he has none they will take his butt to court. If car owner or his Ins. Co. contacts you then turn that over to your Ins. Co. quickly.

    If you don't have Ins. then get a Lawyer for the Liability reasons and monetary loss of the machine.

    Don't assume that he has insurance as many business go without, especially in these times. I don't know of a state that requires any business owner to carry ins.

    He should carry what's known as Garage Keepers Liability, which covers others property while in his Care, Custody and Control.

    Good Luck.

    Don
     
  16. WoodsonEnt

    WoodsonEnt Active Member

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    I hate to tell this story, but I hope it helps you. I hope you have insurance on your rig. About ten years ago, I was dating a young lady whose ex-boyfriend was mad about it. He came over to my house and drove his truck into the side of my truck in the driveway while my truck was sitting there. I called the police and had witnesses that saw him do it. The next day, I took my vehicle straight to the body shop. It was $10,000.00 worth of damages (my truck was 3 days old when he did this). I then went and got a copy of the Police Report from the Sheriff's Office. I took estimate from body shop and police report to my local insurance agent. Needless to say within 7 days the idiot was arrested and my truck was in the body shop being repaired. Go to your insurance agent. If you don't have insurance on your rig, call a lawyer.

    Matt
     
  17. Ljutic111

    Ljutic111 TS Member

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    If he didn`t have insurance for the business then surely his own car insurance should be responsible for the damages or replacement . No lawyer may be needed if your insurance company follows the right channels . He tested his repairs on a public road or street with a motorized vehicle . Good luck .
     
  18. cubancigar2000

    cubancigar2000 Well-Known Member

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    Just turn the claim in to your company, they will subrogate the claim. They have their own legal dept and believe me they will find out who his Insurance Carrier is. You will get your deductible back. They have to give you it back if they collect anything at all. You get paid first.
     
  19. g7777777

    g7777777 TS Supporters TS Supporters

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    I looked back over this-- did you have coverage for the snowmobile? If not the liability is going to be yours personally.

    Do you have assets?

    If you do = and you dont have insurance- you do need to contact a lawyer because you are the one ultimately responsible for any damage done by an authorized user ( and maybe unauthorized depending on the state) of your snow mobile

    regards from Iowa

    Gene
     
  20. spitter

    spitter Well-Known Member TS Supporters

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    In "bailment" the garage accepted responsibility for the sled... they had complete and total control. Not knowing what state you live in, vehicle insurance either protects you or or the other guy...

    Lots of good info above... let your insurance company do the legwork...

    good luck and regards,

    Jay
     
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