Anyone in the legal department?

[Nemesis]

You can't not get it fixed, if anything further happens to this sign (it falls, someone its it again and it falls on their car) it's on you. Second, you should be able to get a copy of the police report. In this it will hopefully list the damage his vehicle caused.

It will be easier to go after the individual driver than the company in this case, as the company can afford to waste more of your time in court. Best bet would be to go after this guy civilly, as you don't need as much evidence and proof as you do for criminal court. There's a chance that his company could settle with you before it even goes to court.

Your best bet is to sit down with your lawyer and hash out your plan of attack. It's hard to tell you exactly what to do as I don't know what kind of company this is but your lawyer will, and he'll be able to tell you where it's best to focus your efforts.

[acolyte_to_jippity]

You can't not get it fixed, if anything further happens to this sign (it falls, someone its it again and it falls on their car) it's on you. Second, you should be able to get a copy of the police report. In this it will hopefully list the damage his vehicle caused.

It will be easier to go after the individual driver than the company in this case, as the company can afford to waste more of your time in court. Best bet would be to go after this guy civilly, as you don't need as much evidence and proof as you do for criminal court. There's a chance that his company could settle with you before it even goes to court.

Your best bet is to sit down with your lawyer and hash out your plan of attack. It's hard to tell you exactly what to do as I don't know what kind of company this is but your lawyer will, and he'll be able to tell you where it's best to focus your efforts.

i'd bring both the company and the driver in. the company might be liable depending on the circumstances of everything.

[Pilot]

I remember learning something back in college, that if a company driver gets into an accident while on company time, the company is responsible... Not the driver himself.

Granted, this was at least 5 years ago, and it was an aviation law class and we didn't get into real specifics or exceptions (I don't think)... And dammit I'm a pilot, not a lawyer!

[acolyte_to_jippity]

I remember learning something back in college, that if a company driver gets into an accident while on company time, the company is responsible... Not the driver himself.

Granted, this was at least 5 years ago, and it was an aviation law class and we didn't get into real specifics or exceptions (I don't think)... And dammit I'm a pilot, not a lawyer!

it depends.

1) was it on the expected course? yes - company. no - maybe not company
2) was deviation major? yes - if driver had begun to return to expected route, then company. otherwise, driver.
3) small deviation? if the stop could be anticipated - company. else - driver.

basically, if this was on his expected route, then company. otherwise, probably not.

this would be a tort for negligence and damages.

[phil.™]

Thanks for all your advice! It's been a fucking headache the past 2 days now. From the sounds of it, the company that hit it wanted to go through their insurance, but once the insurance company saw pictures of the damaged sign/pole, they said they will not cover the pole (because of already existing damages) and told the company to take care of just the sign, which is the $847. So most likely or not, i'm going to take this to court. This is bullshit because the use of a lift truck and installation if $650.00 alone, how the hell do they think the sign, material and labor will be $200. Ughhh idiots.