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Name:   NautiMinded - Email Member
Subject:   Really expensive lunch
Date:   11/7/2008 2:07:15 PM

Hi lunch buddies! To update you on my collision at Oskar's. It seems that my lunch with you guys will cost me about $250 (insurance deductible). See, Oskar's has said that the cross ties (laced with rebar about 6 inches tall) are not theirs. Seems they belong to Fuller Realty next door. Responsibility is now off of Oskar's as it was their parking lot? I called Fuller, and they expressly denied any wrongdoing and blamed it on driver error and would not pay to fix my car. Driver error because I pulled into a parking space lined with cross ties that have 6 inches of unmarked rebar sticking out of them? Hmmmm......
Anyhoo, this was a very expensive lunch and I feel next time we go to lunch if it's at Oskar's, I'll have to decline as the parking there is hazardous.



Name:   GoneFishin - Email Member
Subject:   Really expensive lunch
Date:   11/7/2008 2:24:52 PM

Sorry to hear about your problem. If you have reported it to your insurance company, I assume they will subrogate against Fuller for reimbursement if they believe that Fuller's negligance contributed.
Did the police do a report since it was on private property?

Think positive, the Socialists in Congess are pushing for another stimulus package. Maybe, you will get a rebate from the government to pay the deductible. Remember CHANGE rocks!!!!!!



Name:   Talullahhound - Email Member
Subject:   Really expensive lunch
Date:   11/7/2008 3:26:38 PM

I'm trying to picture what happened to your car. Did you catch your lower bumper on the timber?

Sounds like you are caught in a "do-loop" between the two. I'd give the insurance company the facts and let them sort it out. I can totally relate to your frustration. Sending positive thoughts that you can get it resovled.



Name:   farmboy - Email Member
Subject:   Really expensive lunch
Date:   11/7/2008 3:43:07 PM

Soooo Nauti that was you .(Sports fans she was not a happy camper) I was one of the two guys that witnessed your little accident and came over and spoke to you . Ouch ! The rebar has since been eliminated. Sorry about that.



Name:   want2beonlake - Email Member
Subject:   Really expensive lunch
Date:   11/7/2008 3:55:39 PM

couple of things - go by and take photos showing that the rebar has been removed. Verify who removed the rebar - Fuller or Oskars. Whoever removed it - have them report this to their insurance carrier. When the carrier calls - tell them that the rebar was not open and obvious and was a hazard known by the party and that by removing it they have acknowledged negilgence and now should at least pay your deductible.

kind of surprised you only have a 250 collision deductible - good luck



Name:   NautiMinded - Email Member
Subject:   Thanks
Date:   11/8/2008 8:50:14 AM

For the helpful info. I took pictures the day it happened. I'm starting to think small claims court may be the way to go.



Name:   want2beonlake - Email Member
Subject:   Thanks
Date:   11/8/2008 9:49:17 PM

small claims is always an option - but I would go the insurance route first. you can always file suit if the owner or carrier will not cooperate.

the fact that they removed the rebar again might work in your favor - it they thought nothing was wrong with it - why remove it? Since both are on site - whoever does own it had knowlege that there was an issue and failure to maintain might be considered negligence.

good luck!



Name:   NautiMinded - Email Member
Subject:   Thanks
Date:   11/9/2008 9:40:07 AM

You would think that either Oskar's or Fuller Realty, or both would at least offer to pay my deductible (the damage is $744) as a measure of good faith. Especially, since the hazard has been eliminated, which to me does indicate they acknowledged the hazard and corrected it.




Name:   want2beonlake - Email Member
Subject:   agree
Date:   11/9/2008 12:49:12 PM

but they are probably afraid of everyone else that had done exactly what you did and they don't want more claims.

btw, they cannot refuse to notify their carrier. If I were you, I would put something to both parties in writing requesting payment within a certain time period. Tell them to place their carrier on notice, list your reasoning why you feel they are at fault. Send the letters regular and certified. That way, if you do have to go to court, you will be able to show the judge that you tried to resolve it without litigating.







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