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If it's normally a legal place to park....
Posted by newwithasaab (more from newwithasaab) on Fri, 23 May 2008 20:26:22
In Reply to: Re: Tree crushes convertible Top, 00 93 Stg4Vert, Tue, 20 May 2008 15:22:21
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...then you definitely have a case. They posted the date of trimming. You didn't get damaged on that date. For all you know (from a legal standpoint), they did all their trimming on the date posted. You parked there the next day. They are at fault.
The toughest part is to prove when the damage happened. Too late for that now, I hope you took steps to have the police document it. Get some records from the city on when they did the pruning on that spot street. Also get records from the private contractor who did the work (if it was private). Look for police "detail" records for the flagmen and where they worked, etc. Try to document it any way you can, right now, before the body gets cold. A year later in court, with no evidence to the contrary, they can just claim they did it on the right day and you took the photos the next day. It will be hard to prove otherwise.
You can also jsut make the claim to your insurance company. They can have their lawyers do the work. However, be aware that the insurance company doesn't really care about you - they care about the payout cost. If they determine that it will cost less to _not_ pay a lawyer to do all the work, or if they think the city has a strong case and they will lose, they won't do what needs to be done to protect you. Protect yourself now while it's new so you have the option of suing the city on your own later. If you are friends with a lawyer, ask him/her what you should gather in addition to the above items I mentioned to protect yourself.
posted by 141.154.250...
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