No mail box!

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wrote:

Yeah, and theres probably at least a $100 deductible, so you wont he anything from the insurance co.
Personally, I'd file a report with the police, then send that woman the bill and scare her by saying you are going to take her to small claims court. She'll probably pay. Heck, a mailbox is $10 at Walmart. Plus your post whatever that is made of. Maybe a bag of cement, a few bolts and some new stick on numbers. If the total is $50, thats stretching it, unless you got a gold plated box.
Where I used to live, there were some assholes that used to drive around and smash mailboxes with a baseball bat. At least once a year we had to replace them. It took 3 years, but someone finally caught the punks, and they were in BIG trouble. Of course no one ever got reimbursed, but the cops got a nice amount from the fine from what I heard. Actually damaging a mailbox (on purpose) is a federal offense, but the cops apparently did not want to go that far with it, The kids got fines and lost their drivers licenses is what I heard.
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Jim McLaughlin wrote:

What purpose would that serve? They are not going to do anything...they might raise my premium for being an increased risk. HO insurance policies are being dropped left and right nowadays for south Florida after years of hurrican damage. I am not sure I want another "red flag"...

I can do that.

If I can get her address. I have her car model and license plate number, I don't have the exact address. The apartment complex has many units, and I can't follow her to her exact unit and I was hoping the cop can trace that for me using the license plate but he did not do that... I will try to call DMV and just give them license number and car make/model, but I have a feeling DMV will not give me an address...
By the way, it was NOT a juvenile prank beating up a mail box. This was an accident that the car hit the mail box. The mail box is a locking heavy duty 710 janzer mail box:
http://designer-mailbox.com/locking.htm
and it was mounted on a 4" diameter galvanized steel post penetrated 24" into the ground with a concrete anchor block 24"x24" and 12" deep. The entire post with concrete was knocked out and completely trashed. Her car's right front bumper was badly damaged with broken head lights.

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wrote:

Thats why you file a police report, then you will get her address. Tell the police you intend to file charges in small claims court. There must be some sort of dent in her car, and they can and should inspect that.
I believe you are correct that the DMV wont give you the address, but the police will, but only IF you file a report against her.
If this is a costly mailbox as you seem to claim, them take her to small claims court. But it costs about $75 to file the claim these days. Once you file the police report, there is a good chance she or her insurance company will want to settle quickly and save you the hassle of court. Even if you got a couple hundred $$$ here, it's not a major expense and if she is guilty and the police see the dent in her car matches your m.b. post, you pretty much won the case already. If she loses in court, she will also have to pay the court costs which may be half or more of the total damages.
Get to the police station and file the report NOW.
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i did file a police report. That's why they sent the police out to me, I showed the officer the car make/model/color/license plate and the apartment complex I followed her to, and even told him where the car was parked. But he was not interested. He only took down my name, age, my address and that's it, he had no intention of a follow up, and his body language says to me I am wasting his time...which I guess...in today's world when there are cold blooded murderers and terrorists running around, I guess he is right...
The damage, the box cost me $350 originally, it is now $425 plus shipping. I installed a metal post myself i got from HD for $19.95, so it's under $500 of damage. If it comes down to insurance. it's probably under her deductable, so her insurance company won't pay anyways, so it goes back to her. If she did not have the decency to stop and apologize (which is what I wanted in the first place, if she did that I would have told her not to worry about the damage), she wouldn't have the decency to pay up.
MC
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You really don't care what her deductible is. An insurance deductible only applies to the policyholder making a claim again their own policy. If you make a claim against her company they are required to defend against that claim and should they choose to settle (pay a claim) or have a judgment entered against them they pay and then take it up with their policyholder (jack up rates, cancel, surcharge, whatever). It's seamless to you as the aggrieved (other) party. Almost every state requires a vehicle to be insured for liability (protecting other people from the policyholder), none, that I know if, mandates fire, theft, or collision coverage (protecting the policyholder from themselves or other people). Leinholders are the ones who require that coverage as a part of financing to protect their financial interest.
I believe in Florida you can 'buy' her address from the DMV if the need came to that.
Your damages are probably far in excess of $500.00 and are as follows:
1. The replacement cost of the box ($425.00?, wow, what a mailbox!, save the old one to be able to prove it was the Cadillac of mailboxes!) don't forget shipping and handling; 2. $20.00 for the post and any delivery charge; AND 3. The cost of installation to include any concrete or other supplies. If it comes to small claims court or her insurance company requires, get an estimate from a landscaping company or some other professional who does that type of work. The cost, if any, of the estimate would also be a legitimate expense. Of course, after settlement, should you decide to install it yourself that is completely OK you are simply quantifying the cost of installation with the estimate.
You could probably claim against your own homeowner's policy and your insurance company will claim against her motor vehicle policy carrier but then you risk an increase in your rates, or worse (which IMHO is bogus because that's what you're paying premiums for), or you can claim her carrier directly and not worry about your company.
Just my 2 cents.
Jay
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SNIP WHINING ABOUT DOUGHNUT ADDICTS

Her deductable is irrelevant. Her company pays you damages. In full. Period.
Only if she is making a claim for damage to her property does her deducable come into play.
Sheesh.
--
Jim McLaughlin

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Florida like all states will have a mandatory reporting law for property damage. IE if property damage in an MVA is above $ X.oo, the drivers must report it to local cops and / or state DMV. A driver's failure to report property damage is a misdemeanor.
Where I live the threshold amount is $ 400.00
Given that you hav abut $ 00.00 damage including a contractor t renstall the post and fix he ruts and tears in the grass which you originally reported, another visit to the desk sargeant at your local PD might be in order. Looks t me like he miscreant might be violating a crminal misdemeanor statute. Also, leaving the scenr of an accdent without identifying herself is a misdemeanor violation in most states.
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Jim McLaughlin

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Florida like all states will have a mandatory reporting law for property damage. IE if property damage in an MVA is above $ X.oo, the drivers must report it to local cops and / or state DMV. A driver's failure to report property damage is a misdemeanor.
Where I live the threshold amount is $ 400.00
Given that you have about $ 700.00 damage including a contractor to reinstall the post and fix the ruts and tears in the grass which you originally reported (micreant "plowed through yard"), another visit to the desk sargeant at your local PD might be in order. Looks to me like the miscreant might be violating a crminal misdemeanor statute. Also, leaving the scene of a property damage accident without identifying herself is a misdemeanor violation in most states.
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Jim McLaughlin

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See inline comments.

Because your insurer can get the DMV records out f Tallahasie faster than you can, and get her name and address and the name of her nsurance carrier.

Well, which is it? Under C you stat ou can get her name and address. Under D o ome up with a bunch of "yes, but...." reasons why you can't do it.
Also. go back to the local PD and the community realtions folks or the plain old old fashioned desk sargent and demand that a police report be ritten and that the cops run her plate for registered owner name and address and isurance carrier.
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Jim McLaughlin

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On Sun, 22 Jan 2006 16:08:35 -0500, "miamicuse"

I'd rather have a FEMAIL box than a mail box !!!!
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Take her to small claims court.
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<snip>

Expect the PO not to deliver. You can explain the situation to the post office and they will hold your mail. You could setup a mailbox on a crate or something like that, but be sure to position it per PO regulations.
I've heard of a reckless driver who got injured and damaged his car because he drove into a sturdy mailbox post. He sued and won. I was thinking about putting large rocks around my mailbox, but decided against that.
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Phisherman wrote:

Doesn't even need to be reckless. My friend lives in an area where kids were driving around and holding a bat/pole etc out to knock down mailboxes. My friend got sick and tired of finding his mailbox knocked down so he built a substantial structure. The kid was injured while trying to knock the mailbox down and the family sued my friend.
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With parents like that, it's clear why the kid would do something like that. The father should have whaled the tar out of his little miscreant instead of suing the mailbox owner...
Dan'l.
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wrote:

Thats about the most assenine thing I ever heard of !!!
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Don't get out much, huh?
A woman spills a hot cup of coffee in her crotch, and sues the McDonald's drive through for selling coffee that is unsafely hot.
A burglar breaks into a garage, but can't get out. He sues and wins for mental anguish for being in there for a few days.
Need I go on?
Steve
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I'm pretty sure Florida has a law against leaving the scene of an accident where there has been property damage.
I don't know why the investigating officer did nothing. I would suggest you contact a supervisor at the police department, or the prosecutor, and ask why no action has been taken. Probably a certified letter would get a better response than a visit.
Ignore the half-wits who encourage you to plant an Ibeam for your mailbox. That would be called creating a hazard, and anyone who was injured by hitting it would have a very good chance of getting everything you have, and then they could remove the Ibeam from their lawn.
miamicuse wrote:

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Ignore the half-wits who encourage you to plant an Ibeam for your mailbox. That would be called creating a hazard, and anyone who was injured by hitting it would have a very good chance of getting everything you have, and then they could remove the Ibeam from their lawn.
- Hide quoted text - - Show quoted text -
miamicuse wrote:

OBVIOUSLY you havent been thru the frustration of replacing 10 mailboxes and poles in a 2 year period:( let alone the cost:( Sure its maybe 25 bucks a time but after 10 events costs add up:(
I DONT recommend it just reported what I did. Its no different than putting landscape boulders on your lawn by the mailbox...
Its never ceases to amaze me how the incident rate dropped on my box, from every few months to once in 10 years.
Incidently a careless driver might hit anything including a parked car with much the same results as my I beam pole.
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The person who called everyone half wits must be some liberal. They think that no matter if someone runs into a parked car, a landscape boulder, a light pole, or a 100 year old tree, it is the fault of someone for putting the object there, and no fault of the driver who couldn't control their car.
No one is responsible for anything! That's the current mentality.
"IT'S NOT MY FAULT!" whine ................... snork ............ snivel ................. wheeze ..................
Steve
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Huh? Half wits? Someone who wants to put up whatever kind of mailbox they want in the land of freedom is a half wit? Call me a half wit, then, you moron! (That's someone who is half as smart as a half wit.)
As long as it is compliant with local code and setbacks established by the road department, it's legal. I think someone who would file a case of hitting something outside the roadway has pretty slim chances of collecting. Otherwise, we would have multiple lawsuits already of drivers being attacked by trees.
Steve
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