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View Full Version : WWYD....Tire place damaged my truck and trailer!



aspenlucas
Dec. 18, 2008, 10:41 PM
Ok I'm going to try long story short.....but I took my trailer to get a new tire on this morning. Hooked up, adjusted the tail gate, it sticks open sometimes. Off I got. Pull straight in. Go in and they fix me up after about an hour wait. Usual, it's Steve Shannon. So I go out get in the truck, it's parked so I can walk straight out. I back it around toward the left around the warehouse building to pull out. Straight shot, did it the first time. Go straight to the barn to load up mares. Back it around to the right very gently. Get out. My tailgate is HORRIBLY BENT!

Drive straight home and get hubby. I call SS. They say "bring it in". "Guy doesn't remember 'hearing' anything". Yeah well it's a diesel.

So we go in and they come out one at a time. Go back in and him and haw. Come out and say that is an old dent. There is rust under it...NO WAY it was done today. I say "I assure you my tailgate was not like that". My husband explains in dampness a thin layer of rust will form quickly. We talk and we all agree it doesn't look like a jackknife situation. Maybe someone hammered it? No.....too much of a dent.

We are about ready to leave and I say "OR.....he put the tailgate down to get my old tire out, pulled ahead to the right and hooked the tailgate!". Yep that is what it was! So they go in to talk to the guy that moved the truck.

BEFORE they get him, they are both in there looking out the window talking for 10-15 minutes. Hubby is like, let's go Maria, we have a long trip. The guy comes out and says "nope the tailgate was perfect when I was done, did it fall on the way home?" Um NO I didn't TOUCH the tailgate! He says can you get it down?" I don't know. I didn't try I don't need it STUCK down. So they give me the run around. Finally I say "listen I need to go. I know what happened now, I know you did it. You have insurance you are unwilling to help. All I can do is word of mouth at this time....I'm not happy". And I leave.

But what CAN I do. Hubby said maybe stop payment on my 81.00 check? BUt I don't think that is right. I'm considering filing a police report. I mean my vehicle WAS damaged, and I have a pretty good idea of the suspect. :) What else if anything can I do. Do I call them tomorrow and say last chance? I need a new tailgate. Not fixable. I have a call into my step father who sold Nationwide insurance for a long time. My mom is a bit miffed. Other then that a good day! I mean I'm not really angry. I am but I'm not. I have a lot in my life to be thankful for. This is minor, but you know the look some people give when they are lying? My hubby does it if he tries to lie to me. :) This guy had "that look".

galwaybay
Dec. 18, 2008, 11:28 PM
Call your insurance company - immediately - do not necessarily file a claim - just ask them about it. they might be willing to file a claim and they would go after the shop for reimbursement. OR, I am a big fan of the Consumer Affairs Dept. Most local/county governments have a Consumer Affairs Dept. and they can be very help about these types of situations. Unfortunately this might be a case of your word vs his word... Difference is you are a woman who drives a truck and trailer; tire shop probably doesn't have nearly the experience w/ it as you do.. I wouldn't do anything until you talked to your insurance and/or Consumer Affairs as either one should/will be able to advise you on how to proceed- get educated as to what recourse you might have; how it should be worded. I don't believe you can put a stop payment on the check - that could get you in trouble

Juneberry
Dec. 18, 2008, 11:29 PM
the punctuation is there but it still feels like one big run on sentence.

let me see if I got this right. You needed a tire replaced on your trailer so you took it down to the tire place. Your tailgate was clean when you brought it in and after an hour to get the tire fixed you take it home and find that there is a dent in the tailgate. You then go back and get the "I didn't do it" line from the business. So you have taken it back home and now are not sure what to do. Did I get it right? Angry typing is hard for me to read I guess.

My suggestion is give them a call. say "I'm the person who's tailgate was dented by your employee. I need the number for the direct line to your manager. Speak to the manager and let them know that you aren't trying to cheat them. the tailgate was not like that when you brought the truck in. And demand that he do something to fix it. If he refuses threaten to sick your lawer on them. That usually gets them to pony up to the responsibility.

aspenlucas
Dec. 18, 2008, 11:42 PM
Galwaybay, I know I'm not for the stop payment, they did fix my tire. And I don't want to do anything wrong, but time is of the essence. I will call my insurance company first thing in the morning for sure! :) I'm sure my step father will tell me that also!

galwaybay
Dec. 19, 2008, 12:03 AM
Galwaybay, I know I'm not for the stop payment, they did fix my tire. And I don't want to do anything wrong, but time is of the essence. I will call my insurance company first thing in the morning for sure! :) I'm sure my step father will tell me that also!

I would also contact your local consumer affairs department - it sounds like the guy flipped down the tailgate, drove w/ it down, and when they turned the rig - it banged the tailgate right? You have the experience and knowledge about that, I'm betting the shop-boy did not.. and was being lazy about not putting up tailgate- after all when the trailer is straight behind truck it looks like there's plenty of room -until you turn...

They apparently acted negligently = I would also take photos of the damage and if there is a way you can illustrate how the damage may have occurred by jacknife type action that would be helpful also\
good luck

aspenlucas
Dec. 19, 2008, 12:27 AM
Well I think he put it up, but didn't latch it, and it came down. It's a diesel and is loud, so you may not hear that. It was an "OH S**T" moment. I mean he even said "The tailgate didn't latch, are you sure it didn't fall on your way home. It was not dented when I left it". Classic cover up. I'm not one to go back and start a stink over something I did. I'm not like that. I'm not ballsy enough, but I will stick up for myself when I know I'm not wrong. :) Ok off to bed Truck is still useable. Pictures are another good idea and the consumers affairs department, Will look into that also. :) Thank you!

DressageGeek "Ribbon Ho"
Dec. 19, 2008, 12:48 AM
I am so sorry - no legal advice to offer, but I can invoke the COTH Explosive Diahrea Curse on the guy who did it!

enjoytheride
Dec. 19, 2008, 06:17 AM
Take it back and insist they fix it. You may have less of a case because you drove off without looking at it, never do that. Park it in their lot and work your way up the chain. Be nice and friendly but be firm. If you need to call their company headquarters. File a claim with your insurance company and tell them the tire place damaged it.

aspenlucas
Dec. 19, 2008, 08:31 AM
Running to the bank and then calling the manager. My step dad said that is my first step. I thought I was talking to him yesterday but I wasn't. Going to tell him how much I love their place first. :) Doing that then if he declines, filing an insurance claim and police report.

Sport
Dec. 19, 2008, 10:21 AM
Did they have to open the tailgate to get tires out?
Did you tell them that the tailgate doesn't latch correctly and that they needed to make sure it was latched before moving the truck?

I think both parties are at fault. How was the poor guy who took the tires out to know that the tailgate doesn't latch properly? He took the tires out, shut the tailgate as per usual and then got in and moved the truck.
If you don't know that the tailgate has a problem latching why would you check it?

aspenlucas
Dec. 19, 2008, 10:57 AM
Did they have to open the tailgate to get tires out?
Did you tell them that the tailgate doesn't latch correctly and that they needed to make sure it was latched before moving the truck?

I think both parties are at fault. How was the poor guy who took the tires out to know that the tailgate doesn't latch properly? He took the tires out, shut the tailgate as per usual and then got in and moved the truck.
If you don't know that the tailgate has a problem latching why would you check it?

The tire was in the front of the truck. Why someone would open the tailgate and crawl under the gooseneck is beyond me. I can lift it out of the truck...a man can't. My husband said they probably didn't want to scratch my truck. Boy looking back I'm glad they decided to do what they did, NOT! :) No Steve Shannon doesn't move your truck and trailer, they ask you to. For some reason they decided to move it. I figured they were fixing it where it was parked.

The man said he opened the tail gate. He acknowledged he had trouble with the latch, it's not like it latches and let's loose later. Nope they are at fault. They moved the truck and trailer and I guess they aren't suppose to do that.

flypony74
Dec. 19, 2008, 11:36 AM
Personally, I ALWAYS check my hitch before I pull off, and also do a quick walk-around to make sure all doors, etc are properly latched (and if I had a problem child, like the tailgate, I'd be checking that each time, too). Did you do this? You would have immediately seen if the tailgate was damaged, or if it was indeed up when you pulled out.

If it was down and damaged before you left, then I would think that you should be reimbursed for the damage, since they weren't supposed to drive it. If it fell on the way home, then I think you are liable, because you should have checked your rig before you pulled off. The guys at the tire place didn't know your tailgate was sticky. Did you tell them? Or did you check it before you drove away?

aspenlucas
Dec. 19, 2008, 12:38 PM
I am not sure how to be more clear about what happened. I went there dropped it off with the tailgate up. I have been driving truck and trailer for 14 years, I have never had a tail gate fall while driving. Any person hitching up will check the tailgate no? Just normal I would think. I pulled into Steve Shannon with the tailgate up. Showed the man my tires, showed him the tire in the FRONT of the truck bed. I went out, truck and trailer were done. Sorry I didn't walk around my truck checking for damage? Does everyone else? I never do. Went home and went to walk under the gooseneck to cross over and saw the tailgate. The tailgate again was UP. This is the first time I had gotten out of the truck. This to me leads me to believe they did it. Unless I hit my head and went unconscious and did it.

Jaegermonster
Dec. 19, 2008, 01:00 PM
when I need a tire on my trailer I just jack the trailer up or put it on the Jiffy Jack and take just that tire. No way in hell am I leaving my whole rig at a tire place.
I think unless your insurance company will help you your only recourse may be a civil suit.
I don't know what kind of truck you have but a new tailgate for my F250 is about $700.
My deductible would eat most of that.
my tail gate got messed up and I found a new one at a junk yard, the right color and everything for $250

Jaegermonster
Dec. 19, 2008, 01:02 PM
I went out, truck and trailer were done. Sorry I didn't walk around my truck checking for damage? Does everyone else? I never do.


yes I do. Anytime I leave my truck for repairs I check it before I leave with it. Any time I leave my whole rig unattended I do a quick walk around to make sure all is still hitched up before I leave with it.
And I bet you will now too.

aspenlucas
Dec. 19, 2008, 01:10 PM
yes I do. Anytime I leave my truck for repairs I check it before I leave with it. Any time I leave my whole rig unattended I do a quick walk around to make sure all is still hitched up before I leave with it.
And I bet you will now too.

You think. :) I just talked to Steve Shannon himself. He was more the cocky. I think they called him yesterday. He said file an insurance claim that is what you pay insurance for. So I'm doing that and filing a police report. Those are my steps. Luckily I do have a witness that knows the time I pulled into the barn with the tailgate up. Ah there are not too many good people left in the world. Really ruins the Christmas spirit for me. I hope the man that did it sleeps well each night.
PS..I did tell Steve. I am hesitant to ever use you again even though you've done a good job. If I do and I sit with you holding my camera, don't be offended!

Just Wondering
Dec. 19, 2008, 01:15 PM
Sorry I didn't walk around my truck checking for damage? Does everyone else?

Absolutely yes.

It's not something you realize you do but if you are checking your tire pressure, hitch, lights, etc - you notice anything else out of place. If you have been driving a rig for 14 years - you should be doing this EVERY haul.

As far as the tailgate falling and no one hearing it because you drive a diesel - hogwash. I drive a diesel. I know the difference between the motor noise and any other noise.

aspenlucas
Dec. 19, 2008, 01:20 PM
Absolutely yes.

It's not something you realize you do but if you are checking your tire pressure, hitch, lights, etc - you notice anything else out of place. If you have been driving a rig for 14 years - you should be doing this EVERY haul.

As far as the tailgate falling and no one hearing it because you drive a diesel - hogwash. I drive a diesel. I know the difference between the motor noise and any other noise.

yes I do when I hitch up. Not when I am in the tire place for an hour and I know the hitch, etc wasn't touched. I did glance in at the hitch, a gooseneck hitch is not near the tailgate. I know I looked in there as I looked for my spare rim, to be sure he put it back in there for me. Tire pressure was just checked by Steve Shannon's.

As for not hearing the tailgate fall? You are saying "hogwash". So you are saying he heard it fall and didn't care? Or it didn't fall?

I'm always amazed and maybe it's cause I look for the good in people. How COTHers can come on here and take something that I was a victim of and turn it into "well it's your fault". That just never ceases to amaze me. Not saying that is what you are saying, but your "hogwash" almost makes it sound like it was my fault. I'm pretty sure if 90% of people were in my situation they would not have checked. Plus you couldn't see the damage unless you walked BETWEEN the tailgate and trailer, under the gooseneck, which I just happened to do by crossing under to get to the trailer door.

mroades
Dec. 19, 2008, 01:23 PM
Or....you file it under "Stuff happens" and move on. Its a truck....

aspenlucas
Dec. 19, 2008, 01:26 PM
Or....you file it under "Stuff happens" and move on. Its a truck....

You'd do that with a rather nice and expensive truck? The tailgate gets stuck up now. You have to really jimmy it to get it down. It's a truck we bought slighty used that is rather nice. Really that is what you would do?

mroades
Dec. 19, 2008, 01:39 PM
Yeah, I probably would....and I am not faulting you for addressing it either...just throwing out there as another way to look at it.

craz4crtrs
Dec. 19, 2008, 01:43 PM
You'd do that with a rather nice and expensive truck? The tailgate gets stuck up now. You have to really jimmy it to get it down. It's a truck we bought slighty used that is rather nice. Really that is what you would do?

Well, I would let my insurance company know, get the tail gate fixed/replaced/painted to match and send them the bill. They have insurance for this and let your insurance company handle theirs.

I agree with you, I have a 1996 Ford pickup that is straight and almost like new. I don't want it dented up, nor do I want to drive a dented up truck.

JMHO. :lol:

aspenlucas
Dec. 19, 2008, 01:46 PM
Well, I would let my insurance company know, get the tail gate fixed/replaced/painted to match and send them the bill. They have insurance for this and let your insurance company handle theirs.

I agree with you, I have a 1996 Ford pickup that is straight and almost like new. I don't want it dented up, nor do I want to drive a dented up truck.

JMHO. :lol:

Thanks...and that is probably what I will do. Just disheartened more then anything. They have good insurance there for when these things happen. My babysitter for my kids, lost her car while it was there. They had a flood and SS didn't bother to move any of the cars even though they were in a flood zone!

Just Wondering
Dec. 19, 2008, 01:54 PM
yes I do when I hitch up. Not when I am in the tire place for an hour and I know the hitch, etc wasn't touched. I did glance in at the hitch, a gooseneck hitch is not near the tailgate. I know I looked in there as I looked for my spare rim, to be sure he put it back in there for me. Tire pressure was just checked by Steve Shannon's.

your "hogwash" almost makes it sound like it was my fault. I'm pretty sure if 90% of people were in my situation they would not have checked. Plus you couldn't see the damage unless you walked BETWEEN the tailgate and trailer, under the gooseneck, which I just happened to do by crossing under to get to the trailer door.

You are joking? You have been hauling for 14 years and have never heard the horror stories of the fools who think it's funny to joke around and unhitch, deflat tires, etc? I check when I stop for fuel and never leave the rig. Things do happen on the road too.

If the tailgate was damaged that badly - you WOULD see it looking at the trailer to truck attachment in the bed of the truck. Unless the trailer rides dangerously close to the top of the box and interferes with your line of vision.

Your rig - YOUR responsibility. Seriously - if someone left your property and then came back later claiming they were hurt - do you have to believe them? No. Too many variables.

File a claim with your insurance company. Let them argue with the tire place.

aspenlucas
Dec. 19, 2008, 02:01 PM
You are joking? You have been hauling for 14 years and have never heard the horror stories of the fools who think it's funny to joke around and unhitch, deflat tires, etc? I check when I stop for fuel and never leave the rig. Things do happen on the road too.

If the tailgate was damaged that badly - you WOULD see it looking at the trailer to truck attachment in the bed of the truck. Unless the trailer rides dangerously close to the top of the box and interferes with your line of vision.

Your rig - YOUR responsibility. Seriously - if someone left your property and then came back later claiming they were hurt - do you have to believe them? No. Too many variables.

File a claim with your insurance company. Let them argue with the tire place.

Nope never heard of a horror story while at the tire place. Sure if I was at Wal Mart, but not at the tire place where it's me or them with the trailer. Tailgate is damaged badly but because it happened on the right side and it's the top, you can't see it easily from the left side, you'd have to look. But it's bad, and no I didn't see it. But then I wasn't looking at the tailgate for damage. I was looking at the two tires on that side and then glanced in at the hitch and to look and see if my spare rim was in there, and it was. I'm filing with my insurance company that is done. Have to run down to the district magistrates now. If anything there is word of mouth. My word against theirs I guess. But I think most people realize if I did it to my truck, I sure wouldn't be making a big deal. Heck I've had accidents before and I've owned up to them!

Tom King
Dec. 19, 2008, 02:47 PM
Always preflight. Always.

Jaegermonster
Dec. 19, 2008, 04:01 PM
You think. :) I just talked to Steve Shannon himself. He was more the cocky. I think they called him yesterday. He said file an insurance claim that is what you pay insurance for. So I'm doing that and filing a police report. Those are my steps. Luckily I do have a witness that knows the time I pulled into the barn with the tailgate up. Ah there are not too many good people left in the world. Really ruins the Christmas spirit for me. I hope the man that did it sleeps well each night.
PS..I did tell Steve. I am hesitant to ever use you again even though you've done a good job. If I do and I sit with you holding my camera, don't be offended!

I bet he was cocky. He knows that there isn't squat you can do about it because you can't prove anything. You might get lucky with your insurance, but with mine like I said it wouldn't be worth it because my deductible.
I'll be interested to see what the police tell you, the dept that I'm with would not write you a report because no crime was committed, it's all civil. But maybe they will help you where you are. It won't be worth the paper it's written on because you don't have a suspect since it's not a crime. But good luck with that.
And I agree, I don't think I would go back there again.

aspenlucas
Dec. 19, 2008, 04:11 PM
I bet he was cocky. He knows that there isn't squat you can do about it because you can't prove anything. You might get lucky with your insurance, but with mine like I said it wouldn't be worth it because my deductible.


Insurance lady was helpful. She said first step is I have a witness that saw me pull into the driveway of the barn. At this rate really, even if I had seen the damage after they did it (inspected my truck) what good would that have done? They said they didn't do it. I guess the lesson here is, and it's scary...either take DATED photos of your vehicles before you release them to anyone OR stand there and watch every move! But still if you watch every move they can say "I didn't do it". Ah, dishonest people will get their revenge, eventually. :) I did what I could do.

Simkie
Dec. 19, 2008, 04:14 PM
I always, always, always walk around my rig and eyeball tires, doors and the hitch before we get going if it's been parked or otherwise out of my hands. Making it a habit would have helped you here, and is just a good idea in general...you never know what people have done (or UNDONE) when you weren't watching.

Good luck with the tire company! They sound like jerks. You might also want to contact the BBB.

kookicat
Dec. 19, 2008, 04:19 PM
Insurance lady was helpful. She said first step is I have a witness that saw me pull into the driveway of the barn. At this rate really, even if I had seen the damage after they did it (inspected my truck) what good would that have done? They said they didn't do it. I guess the lesson here is, and it's scary...either take DATED photos of your vehicles before you release them to anyone OR stand there and watch every move! But still if you watch every move they can say "I didn't do it". Ah, dishonest people will get their revenge, eventually. :) I did what I could do.

Actually, the lesson here is to check your truck and trailer when you pick it up from somewhere. If you'd done a walk about, you'd have spotted it and could have spoken to the tire folks there and then.

What would have happened if they'd unhitched your trailer for some reason?

Stacie
Dec. 19, 2008, 04:33 PM
Insurance lady was helpful. She said first step is I have a witness that saw me pull into the driveway of the barn. At this rate really, even if I had seen the damage after they did it (inspected my truck) what good would that have done? They said they didn't do it. I guess the lesson here is, and it's scary...either take DATED photos of your vehicles before you release them to anyone OR stand there and watch every move! But still if you watch every move they can say "I didn't do it". Ah, dishonest people will get their revenge, eventually. :) I did what I could do.
They may take you more seriously after you make the insurance claim. I'm sure they get all kinds of people accusing them of things that aren't true. The litmus test may be if they make a claim.

aspenlucas
Dec. 19, 2008, 04:33 PM
Actually, the lesson here is to check your truck and trailer when you pick it up from somewhere. If you'd done a walk about, you'd have spotted it and could have spoken to the tire folks there and then.

What would have happened if they'd unhitched your trailer for some reason?

Had I walked around the trailer I would not have seen the damage to the top of the tailgate, middle rear. I would not have been looking there for damage. Even if I had SEEN it, these guys would have said "we didn't do it" that is just their nature. As my husband just said on the phone. That is the nice thing about Wal Mart. THEY do a walk around and put down any damage your truck or car has. That way if there is more they have it on file there what was damaged and you sign that was all you had. Do they do trailer tires too? :)

They can't unhitch your trailer. If they have to for some reason this place will come out and have you do it. I checked my hitch like I said. When I left I looked at the hitch and the spare tire rim in the back of the bed. I however did not look at my tailgate. Really no reason to check that. I'm sure there could have been any damage to the vehicle, you just don't check everything. I feel I looked at what they had dealt with, the driver side trailer tires and glanced my hitch was good, spares in the back. I have two and the took one tire off, so I was making sure I still had my rim (left before and they've had my rim). I'm really not sorry I did anything I did. It doesn't matter, as you said they were jerks. What amazes me now is that the manager didn't even say "Ma'am can I have your number, I'll call over and talk to them and call you back". And I was SUPER nice, told them how I've been a long time customer, love their work, but I had a small problem yesterday. He said nothing, he was obviously coached yesterday on their side of the story. Oh well...I'm doing what I can! :)

aspenlucas
Dec. 19, 2008, 04:34 PM
They may take you more seriously after you make the insurance claim. I'm sure they get all kinds of people accusing them of things that aren't true. The litmus test may be if they make a claim.

:) That I did and the lady was SO nice! She said "Can I help you with anything else"...and I said "boy I sure hope not!"

kookicat
Dec. 19, 2008, 04:44 PM
Had I walked around the trailer I would not have seen the damage to the top of the tailgate, middle rear. I would not have been looking there for damage. Even if I had SEEN it, these guys would have said "we didn't do it" that is just their nature. As my husband just said on the phone. That is the nice thing about Wal Mart. THEY do a walk around and put down any damage your truck or car has. That way if there is more they have it on file there what was damaged and you sign that was all you had. Do they do trailer tires too? :)

They can't unhitch your trailer. If they have to for some reason this place will come out and have you do it. I checked my hitch like I said. When I left I looked at the hitch and the spare tire rim in the back of the bed. I however did not look at my tailgate. Really no reason to check that. I'm sure there could have been any damage to the vehicle, you just don't check everything. I feel I looked at what they had dealt with, the driver side trailer tires and glanced my hitch was good, spares in the back. I have two and the took one tire off, so I was making sure I still had my rim (left before and they've had my rim). I'm really not sorry I did anything I did. It doesn't matter, as you said they were jerks. What amazes me now is that the manager didn't even say "Ma'am can I have your number, I'll call over and talk to them and call you back". And I was SUPER nice, told them how I've been a long time customer, love their work, but I had a small problem yesterday. He said nothing, he was obviously coached yesterday on their side of the story. Oh well...I'm doing what I can! :)

Sorry, I'm in a pissy mood and didn't mean to take it out on you. :(

I really hope that you get this sorted. :yes:

aspenlucas
Dec. 19, 2008, 05:02 PM
Ok done worrying about truck. Hubby called, he had to work today, on his way home flipped his car and hit a tree, hit black ice, he's ok. I swear I've done nothing to angry the higher powers. He has not a scratch on him. So I am SUPER thankful right now he's ok. Now I have to try to get him home. I have two small girls and he's about 30 minutes normal drive away 1 1/2 hours in this ice. :(

aspenlucas
Dec. 19, 2008, 05:03 PM
Sorry, I'm in a pissy mood and didn't mean to take it out on you. :(

I really hope that you get this sorted. :yes:

It's ok Kookiecat I am not angry at anyone...except one person....and that man was behind the wheel of my truck. Seriously, just smile and count your blessings. I am right now.

kookicat
Dec. 19, 2008, 05:52 PM
Ok done worrying about truck. Hubby called, he had to work today, on his way home flipped his car and hit a tree, hit black ice, he's ok. I swear I've done nothing to angry the higher powers. He has not a scratch on him. So I am SUPER thankful right now he's ok. Now I have to try to get him home. I have two small girls and he's about 30 minutes normal drive away 1 1/2 hours in this ice. :(

I'm so glad that your hubby is unhurt!!! :yes:

Jaegermonster
Dec. 19, 2008, 06:06 PM
Insurance lady was helpful. She said first step is I have a witness that saw me pull into the driveway of the barn. At this rate really, even if I had seen the damage after they did it (inspected my truck) what good would that have done? They said they didn't do it. I guess the lesson here is, and it's scary...either take DATED photos of your vehicles before you release them to anyone OR stand there and watch every move! But still if you watch every move they can say "I didn't do it". Ah, dishonest people will get their revenge, eventually. :) I did what I could do.

If you had seen it before you left the tire place there would have been no question who was responsible if it was fine when you left it there.
But as you said, other things are more important now and I am very glad your husband is ok.

Equibrit
Dec. 19, 2008, 08:47 PM
There should be matching damage on whatever the tailgate hit.

Do be careful - these things normally come in 3's!

aspenlucas
Dec. 19, 2008, 09:30 PM
There should be matching damage on whatever the tailgate hit.

Do be careful - these things normally come in 3's!

Well there was a three...... we dropped off a sale horse and for some reason they thought she was $500!!! We drove three hours to drop her off. :( I guess we never talked price. We did get a fair price, but still it was a downer yesterday. :( He's home and fine, car is totaled.

philosoraptor
Dec. 20, 2008, 01:07 PM
You do need to walk around the truck/trailer every time you stop somewhere. Even just having a tire replaced, a really short trail ride at the park, or whatever. You can never check it too many times.

It's going to be hard to prove. Maybe their shop insurance company will be nice, maybe not. It's your word against theirs. If they refuse to pay, you can try to take them to court. Is it really worth it? If so, document every phone call & conversation. Put as much as you can in writing.

It's not a police manner, it's a civil one. No laws were broken.

How much damage is done? Can you talk to a body shop and see if this is a $100 repair or $1,000?

aspenlucas
Dec. 20, 2008, 03:36 PM
MayS,
They said I have to file with the District Magistrate which is fine, she's in my small town. I'm doing that, if anything it will prove that I'm serious. I filed with my insurance company and they are going after them. Yeah it's my word against theirs, but what if there is a trend? What if this happens. It doesn't matter if I walked around the truck right then, they would have said that it was there when I got there as that is what they are sticking to now. I have some witnesses as to what they said and they contradicted what they said so that is a good thing. I'm just not going to bend over and take it. I'm not irrational. My brother said "call them and threaten to get a lawyer". No crazy people do that. :) If I'm going to get a lawyer I'd sure be sneaky about it! LOL. I'm just taking the proper steps. As I said my step father owned the local Nationwide for a long time, he's retired now, and he felt that I had a good case, we'll see. Right now we are dealing with James car, it was totaled yesterday. I am so thankful he went off the road and hit a tree and flipped. Corny as that sounds, an 18 wheeler was behind him. Had he not gone off the road he would have slammed him trying to stop on the ice. He doesn't have a scratch. He said "Maria there was someone in that passenger seat driving with me". I like to think it's our little angel Jordan who we lost to stillbirth. He went to work today, we were able to get a rental through the insurance. Now I've learned not to say to the Nationwide lady "I sure hope we are done talking today!"