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Replies: 8
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Paw Master [17198]
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Question for lawyers in here
1
Aug 11, 2023, 1:16 PM
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I operate some charter buses. Recently one of my drivers was on a tight road in Charleston with cars parked illegally on the side of the road and my driver had to swing very wide to avoid the parked cars and ended up accidentally having the bus bottoming out on a curb and became stuck on the curb (bus frame was in contact with the very tall curb). I called a tow truck to lift it off the curb. In the process the tow truck's lift arms somehow got caught on my bumper and pulled it off along with my tail lights. Since the bus was not legal to operate on the road we had to hire another bus company to transport a group we had booked later that day. The other bus company charged me $2,500. Plus I paid tow company $625 for getting me off the curb
I took the tow company to small claims court to recover my losses ($2,500) due to them damaging my bus and me having to hire another bus company. The tow company failed to respond in the required time period and are now in default. The Court contacted me today and said the tow company has since hired an attorney and they have the case (Default Hearing) scheduled in a few weeks.
My questions are:
1. Even though they are in default can their attorney change that status?
2. Can I go after them for loss revenue (or expenses I incurred having to hire another bus company) due to them damaging my bus?
Thanks
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Solid Orange [1394]
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Re: Question for lawyers in here
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Aug 11, 2023, 1:38 PM
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Don’t hold your breath for a real lawyer to answer
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Freshman [-98]
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Re: Question for lawyers in here
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Aug 11, 2023, 3:45 PM
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Yeah, it’s a trick! But no real attorney would bite anyway. It’d be like having a heart attack at a cardiologist conference, your a$$ is dead…
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Ultimate Tiger [35586]
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Re: Question for lawyers in here
Aug 11, 2023, 4:57 PM
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I'm no attorney but small claims court are not as strict on following regular courtroom procedures. So, the attorney will be given the opportunity to present his client's excuse as to why his client is a donk.
You also have the opportunity to ask for damages and lost income. Be prepared to show receipts, bookings that may have been cancelled, etc due to loss of the use of your bus. Also try to show that the wrecker operator did not properly do his job, thus causing the damage. BE prepared. If you took any pictures or video be prepared to present. Have your driver show up in court with you if he witnessed the wrecker screw up and can testify that the bus was out of service and another one had to be called in.
Bottom line, be prepared. The lawyer is going to try to show the whole deal was due to your driver getting the bus stuck on the curb. And he may well prevail. It is likely to hinge on your driver's experience and his description of the scene he had to drive thru.
Good luck.
Let us know how it goes.
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Rival Killer [2964]
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Re: Question for lawyers in here
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Aug 11, 2023, 5:03 PM
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The 2 states I'm familiar with - Texas and California - don't allow attorneys in small claims court. They can do the prep but the plaintiff has to do all the presentation.
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Solid Orange [1394]
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Paw Master [17198]
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Re: Question for lawyers in here
Aug 11, 2023, 5:32 PM
[ in reply to Re: Question for lawyers in here ] |
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Thanks for your reply. I was actually there when the tow truck effed up. I saw it happen. It was just me and the tow truck operator there and no one else. The tow truck company did make repairs to the bus at their expense. I guess it some way that was them admitting it was their fault. One more odd thing was they refused to give me their insurance info when the accident took place. They did not want a claim against their policy. The repairs are satisfactory in my opinion.
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Head Coach [903]
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Re: Question for lawyers in here
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Aug 11, 2023, 5:58 PM
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Magistrate's court follows they same rules as circuit court, unless they are expressly different. The attorney for the tow company should file a motion for relief from default and to enlarge the time to answer. He should provide an affidavit from the tow company that provides good cause for relief. Setting the summons and complaint down and forgetting about it generally is not good cause. Turning it over to its insurer and the insurer botching it generally is good cause since the defendant did what it should have done.
If this is a a default damages hearing, be prepared to present you damages, whether through documents, your testimony, a witness or all 3. If it is just a hearing based on a motion filed by the tow company for relief from default, you probably won't get to damages, but you should still be prepared just in case. Magistrates sometimes do things their own way.
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Paw Master [17198]
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Re: Question for lawyers in here
Aug 11, 2023, 7:10 PM
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Thanks
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