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BamaGirl69 · Jun 7, 2009, 09:38 PM

Ok, I borrowed my Dad's brand new 2009 Chevrolet Z71 to pick up a pallet of sod from a local store. The young guy operating the forklift took 30 minutes after numerous failed attempts to finally get it right and loaded. The boy apologized for it taking him so long and for all the trouble it took him. However, after getting it back to my house and laying all the sod down and washing the truck, I noticed he did severe damage to my Dad's tailgate by scraping the paint down to the metal and put several dents in it and he put several dents and cuts into the brand new bed liner he just had sprayed in. He also dented the fender wheel. At this time, though, the store had closed and they are not open on Sundays. I called first thing Monday morning and spoke with the owner, he said he wanted to make things right. We wanted him to see what damages were done but he said he was going to be busy for several days in a neighboring town. Finally, after a week had passed, we got up with him and showed him the damages and the estimate totaling $800.00. At first, he tried to say his forklift could not do that type of damage. Then, he called the young guy over and asked him about it and he said he didn't do it. The tailgate was down. How would he know if he did or didn't do it! He said he didn't have insurance for that and that his brother-in-law in Clanton could do the repairs for nothing or he would give us $200.00 to go towards the cost!! This is ridiculous! If I had it to do over again, I would change so many things! First off, there would be a trailer behind that truck and secondly I wouldn't let some young kid operate equipment he has no business operating. My question is this... can I take him to Small Claims Court and recoup the total cost instead of the meazily $200.00 he has offered. He is operating a business in the state of Alabama, I know he has to be insured...

unluckynut · Jun 7, 2009, 10:59 PM

I would first go the police and tell them the same things you just said. They should then go to the business and maybe the guy will change his tune. If not you at least got a police report better late than never, and go to court.

this8384 · Jun 9, 2009, 07:16 AM

Where were you when the sod was being loaded? Were you in the truck or around it? How do you know that the boy was having trouble? If you witnessed him having a problem, I don't see how you could have missed him denting not only the tailgate, but also the fender.

Get pictures of everything: the truck and the forklift. If it was scraping that badly, paint had to be transferred between the two at some point in time.

Send the owner a certified letter stating that he can pay to have the truck repaired and if he refuses, you will sue him in small claims court. If he doesn't pay, then do just that.

this8384 · Jun 9, 2009, 07:20 AM

Originally Posted by unluckynut

I would first go the police and tell them the same things you just said. They should then go to the business and maybe the guy will change his tune. If not you at least got a police report better late than never, and go to court.

Your train of thought has me thoroughly confused. On another thread, you stated, quote:" A lot of cops are nuts"
https://www.askmehelpdesk.com/crimin...ml#post1778271

Now you're telling the OP to go to the "crazy" police and try to file a report for damage to their vehicle that is at least a week old already. What's your legal basis for this advice?