QuestionDear Dr. Settlement,
When at a recent event for scooter enthousiasts, someone ran into the back of our parked car. We found out the scooter was owned by a dealer also at the event and allowed an inexperienced rider to "test drive" the new scooter. The accident happened on private property.
We have been in contact with the rider regarding paying for the damage and the rider and she is not willing to pay the full amount for the damage. The dealer also states he is not responsible and had the rider sign an agreement after the fact.
So what should we do? Clearly we are being wronged by those who are failing to take responsiblity to the damage to our vehicle.
AnswerDear M.R.
Sorry for the delay; going to bed so late after I finally got home from the replacement flight (after 4 AM) used to be something I might recover from pretty fast, but not these days, at this age. So I got behind on my work and I hope my delay did not result in any anxiety or loss on your part.
The rider AND the dealer are both liable to you. It is no defense as to YOUR CLAIM that the dealer had the rider sign a hold harmless or a release of some kind. That document only impacts the relationship between the dealer and the rider.
It would never make any sense to allow someone to avoid responsibility for his negligence by reason of a form signed with a third party. So, as to you, whatever form was signed is irrelevant to your claim versus the dealer.
What is your claim versus the dealer? He sent someone out on a scooter without sufficient guidance or training. Thus, he breached his duty of care to all other property owners who have their assets located where the loaner driver could have injured them.
Your claim versus the rider is simply that her negligence caused the accident.
You do not have to beg these people to get this solved. SUE THEM. Now THAT is what we have proposed, but you could always send them the advance copies of the lawsuit and tell them that you will be filing it if they do not get your claim paid in full ASAP.
Check out your local district court for its small claims court and let them tell you the limits of the court, i.e. $5,000 per claim or the like.
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Always communicate with the adjuster for the club in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
