[wnewport]

I rent an apartment (a house divided into 3 apartments) with a shared driveway in Medford, MA.  Mid-August I left to go home (Missouri) for two weeks.  I parked my car in the very back of the driveway.  I left for the airport on Aug 14th.  On August 18th they emailed all of the tenants asking to clear the driveway so roofers could park their trucks there.  On August 19th they emailed me specifically asking me to move my car.  None of the emails mentioned possible damage, warnings, it was only suggested that it was a matter of convenience.  
 
Due to me visiting grandparents/forgetting my cell phone charger, they were not able to contact me.
 
On the 20th the "roofing" started.  After this no more efforts were made to contact me, and I didn't think much of it.
 
I got back at 11:40pm on August 29th.  I noticed a blue tarp over my car, but it was really dark, I was tired, so I just went inside to sleep.
 
The next day I go to leave work.  The tarp has been removed, I drive to work, then realize something has fallen and hit my hood with great impact.  No damage to the front bumper or anything.  A piece of roof still remains wedged between the hood and the side panel, where the impact happened.  I took pictures the night of the 30th after I was back home and had access to a camera.
 
There was no note or acknowledgement of any kind, which is what really upset me.
 
I contacted my landlord, whose husband contracted the roofers for the job.  They email me back, telling to contact the roofing company, additionally they scold me, suggesting it was my fault (which I find completely immature and inappropriate).  I called the roofing company and left them a voice mail, but haven't heard back.
 
Should I just sit tight and see what they say?  What position am I in? 
 
The damage is pretty significant, I'd guess around $1500 (my grandfather had similar damage done to nearly identical car a few years ago, and this was the cost).
 
Thanks,
 
Wyatt

 

[revolink24]

Well, if the roofers refuse to compensate you for the damage, those pictures plus an estimate or two from reputable body shops should be enough to take them to small claims court. Since you know the roofing company you can call them and see if they will compensate you, and if not file in small claims court against them.

 

[Uncle Erik]

Do you have auto insurance that covers the damage? Contact the claims department and make a claim. Even if you're not covered, contact them anyway to let them know your car was damaged. Be sure to keep any emails, etc. from the roofers - it almost sounds like an admission of damage. I can't say for sure, but keep it. Keep any recorded messages and transcribe them.

If your insurer doesn't handle the claim, send a certified letter to the roofer along with copies three or four estimates from a body shop. Keep copies of EVERYTHING, by the way, and keep a journal detailing your phone calls, what was said, date and time, and anyything else you think is relevant. Also, talk to neighbors, the landlord, everyone, and find out if anyone saw the damage happen or if someone on the crew admitted the damage to someone, commented on it, anything. You've already taken photos, but take more and take photos of how the car was parked when it was damaged.

Back to the letter. Include estimates, photos, and anything else that's relevant. Tell the company that you intend to file a small claims lawsuit, contact their bonding agency (they should have one), as well as the Secretary of State (or whoever issues business licenses and contractor licenses in your state) to file formal claims against them. Give them a firm date to reply. If they don't, sue them, comtact their bond issuer to make a claim, and file a formal, written complaint with whatever agency issues contractor licenses.

That's a fairly good can of whoopass to open on them. They won't want a rectal probe from the state or bond issuer, and getting served with a lawsuit ain't much fun, either. They think they can brush you off, but this will have "serious" written all over it. My guess is that you'll get a letter from a lawyer before the 30 days are up askjng you to hold off in order to settle this. One last thing, try to keep all communications written. Always send letters. Describing phone calls is a he said/she said thing in court, but letters are usually taken as evidence without much struggle. (There are exceptions, of course, but keep things written.) Certified mail is gold - it's about as good as having the sheriff deliver something. Good luck and let us know how it goes.

 

[Xan7hos]

^ god*mn...so much win right here
 
uncle erik is out to kick ass and chew bubble gum...and he's all out of bubble gum

 

[GreatDane]

 
Quote:

^ god*mn...so much win right here
 
uncle erik is out to kick ass and chew bubble gum...and he's all out of bubble gum

No crap! 

 
Good stuff UE

 

[moocow111]

Are you some sort of legal expert, Uncle Erik?

 

[revolink24]

AFAIK, he's a lawyer, so yes.

 

[jjinh]

Quote:

Are you some sort of legal expert, Uncle Erik?

I believe Uncle Erik has a law degree among his many qualifications so yes, he is indeed a legal expert.

 

[Uncle Erik]

Quote:

Are you some sort of legal expert, Uncle Erik?

Expert?  Well, I wouldn't go that far.  I did graduate and pass the bar, though.

 

[LFF]

Quote:

^ god*mn...so much win right here
 
uncle erik is out to kick ass and chew bubble gum...and he's all out of bubble gum

I know who would be my lawyer if I ever needed help!

 

[revolink24]

Quote:

Expert?  Well, I wouldn't go that far.  I did graduate and pass the bar, though.

Touche, good sir.

 

[wnewport]

I wish you were my real uncle.  Thanks a lot for the advice!
 
Here's the update, before I got replies to this thread I spoke with the owner/manager of the roofing company.  He verbally agreed to cover the cost if I went and got estimates.  He said he'd rather pay out of pocket if it was around 1k, or he would claim it on his auto insurance that he backed into me.  That was yesterday, today I went and got 2 estimates.  One for $1,834, the other for $1,783.  Do I need a third?  Before I contact him with these estimates, what should I plan on telling him?
 
If he gives me $1800 cash, is that fair and fine?  Will he want a receipt from the body shop?  If he wants to claim it on his insurance, am I still responsible for the deductible on my insurance?
 
I talked to my insurance agent, who is also a family friend, and he said I should try to get him to pay for it to avoid me spending $250+ (or whatever my deductible is).
 
Quote:

Expert?  Well, I wouldn't go that far.  I did graduate and pass the bar, though.

 

[wnewport]

I just talked on the phone with him and recorded the call.  On the call I have his agreement to pay for the damages.  He's wanting to write the body shop a check, which I'm fine with, but I'm not sure of the logistics.

 

[Moontan13]

Quote:

I just talked on the phone with him and recorded the call.  On the call I have his agreement to pay for the damages.  He's wanting to write the body shop a check, which I'm fine with, but I'm not sure of the logistics.

Oh Noes!  You could take your car to that part of town and have a pretty good bondo job for $250 or so, keeping the rest for new headphones. 
 
j/k of course

 

[Uncle Erik]

Send him a letter along with the estimates requesting payment. In the letter, restate the phone call and mention the date and time you called. You want something along the lines of "I called you on (date, time) and you told me that you were responsible for the damage and agreed to pay for it. Enclosed please find two estimates. Please let me know how you would like to proceed." Keep it simple and straightforward, but reiterate the fact that he admitted causing the damage and agreed to pay for it.