A $300 plus POT HOLE! I think I "won". Update#66

[happygirl]

I wonder what Judge Judy would say.

Judge Judy would say it was Dawn fault for not paying attention to where she was going, and that she was going way to fast. I love Judge Judy she tells it like it is

People Court, would be more sympathic

 

[DawnCt1]

To me, I don't think OP's speed was really an issue on the road she described. I think the issue would be following the other vehicle so closely that she could not see this big pothole as it was covered by the other vehicle as she approached it. That doesn't sound like there was sufficient space between her car and the car ahead of her.

There was at least two car lengths.

 

[declansdad]

I have already prepared the draft to be sent to the recipients; Name changed to protect the guilty.

What was the reason for sending them the email in the first place?

 

[DawnCt1]

Judge Judy would say it was Dawn fault for not paying attention to where she was going, and that she was going way to fast. I love Judge Judy she tells it like it is

I know it must be painful for you that I will prevail on some level here, and without an ounce of guilt I might add. Everyone will benefit. The pot holes will be filled, customers can drive without risk, my new tire will be mounted and the realty company will pay for a substantial portion of that. I am not unreasonable and certainly willing to compromise. A bird in the hand is worth two in the brush.

 

[happygirl]

Dawn, where is your personal responsability in this? There are probably a lot of people who drive on this parking lot and none of them get flat tires. If they do maybe they just take care of it themselves, realizing it's there fault

 

[dejr_8]

Great thread. All the issues of DIS threads rolled up into one.

I had a billing dispute (they were over billing me) with DirecTV and customer service refused to address the issue. I had to SPAM their customer supports forums to get their attention.

I received a call from THEM and they explained that it should have been taken care of through customer service.

Sometimes you need to take issues to the next level to get them addressed.

 

[golfgal]

There was at least two car lengths.

If you had 2 car lengths and STILL couldn't stop in time to avoid a pot hole big enough to rip up your tire, you were driving too fast.

 

[allison443]

There was at least two car lengths.

That sounds reasonable but the fact is it wasn't sufficient to see and avoid this big pothole in the road. Like I said earlier, if the car ahead of you made a sudden stop (for the pothole, a pedestrian, or any other reason) could you have stopped in time? If so, why couldn't you avoid the pothole? If not, you were following too closely.

Of course that doesn't excuse the condition of the parking lot. I just wanted you to be aware that if this matter continues, they will probably try to assert that you contributed to it.

 

[allison443]

A bird in the hand is worth two in the brush.

I think you mean bush.

Sorry, I couldn't let it go!

 

[dejr_8]

I think you mean bush.

Sorry, I couldn't let it go!

Can we say that Word?

 

[DawnCt1]

I think you mean bush.

Sorry, I couldn't let it go!

I am trying to avoid being "political".

 

[Laura24]

OH NO! Yer tire's all flat and junk. Did I do that?

Here, let me get my cellular out, call you a wrecker. Oh shoot, I got no phone.

Cuz I'm a pothole. Ok, thanks bye!

THANKS!!! For the chuckle this morning. Love that commercial!!!

 

[DawnCt1]

If you had 2 car lengths and STILL couldn't stop in time to avoid a pot hole big enough to rip up your tire, you were driving too fast.

The car behind me was rather close, so stopping quickly could have resulted in a bill greater than $300. When pot holes are filled with water, and the road is wet, they aren't always readily visible.

 

[Nancyg56]

Come on people, I know many of you don't *like* Dawn, but give it a break!

Blackmail? Gold plated $300 tires? Why didn't she avoid it?

I am happy to see a consumer standing up and having a corp. do the right thing... we should all do it instead of letting their "policies" stand when their negligence causes damage to our property.

Me too. I have never understood why it is wrong to insist that property owners maintain their property. In my town property owners must maintain teh sidewalks in front of their homes or they are held accountable if someone is hurt. The property owners do not own the sidewalks, had no say in their placement yet they must keep them clear ad in the even they need to be replaced they were going to have to foot the bill for their share of the frontage. Why is it different for a local mall to collect rent that is supposed to pay for the maintenance of the property, fail to complete reasonable repairs and then a customer must pay for any damage that has been done to their car?

I have no issue for her taking her complaints to the management company. I don't agree with getting the leasees involved.

If I was paying rent I would want to know why I may lose potential customers due to poorly maintained property. I would be calling the management company and asking why the property was in that condition.

If the town has been notified of the existence of a pot hole and has continued to neglect it, the town is responsible. Good luck collecting from a municipality however. My BIL has been successful collecting from the State of Ct. when there was a pot hole on Rte 91.

In my section of town the roads were horrible. Phone calls were all brushed off. Once a new development went in and the folks who bought these gynormous homes moved in with their Lexus, BMW's and Mercedes there was a scurry or repair and repaving

 

[DawnCt1]

Great thread. All the issues of DIS threads rolled up into one.

I had a billing dispute (they were over billing me) with DirecTV and customer service refused to address the issue. I had to SPAM their customer supports forums to get their attention.

I received a call from THEM and they explained that it should have been taken care of through customer service.

Sometimes you need to take issues to the next level to get them addressed.

How true is that! Even a VILLAIN! (me)

 

[FinallyBoughtDVC]

How fast were you going? to cause such damage to a relatively brand new tire!

Mikeeee

You don't have to be going fast at all, happened to me when I tried to squeeze around someone and I nailed the curb - Belgian block - sliced my tired (my fault). Pothole damage should be paid for by those who maintain the streets, roads or lots.

 

[declansdad]

You don't have to be going fast at all, happened to me when I tried to squeeze around someone and I nailed the curb - Belgian block - sliced my tired (my fault). Pothole damage should be paid for by those who maintain the streets, roads or lots.

Were you on Test Track?

 

[lovetoscrap]

OH NO! Yer tire's all flat and junk. Did I do that?

Here, let me get my cellular out, call you a wrecker. Oh shoot, I got no phone.

Cuz I'm a pothole. Ok, thanks bye!

That was the first thing that came to my mind when I saw the thread title! We love that commercial and DD and I go around saying (in a really horrible accent) all the time!

Dawn, Good for you! I think you absolutely did the right thing. And I agree that if the parking area/access are not maintained then I wouldn't be shopping at those businesses either, so they need to know why they could potentially lose customers. Even if I hadn't lost a tire, the worry about the damage and just the discomfort of driving through a pothole filled road would cause me to shop elsewhere.

And judging by the immediate response from the Property company, you DID find the button to get something done! You called, tried to work this out amicably and got the brush off so I absolutely support your decision to email all the tenants.

And here is a definition of blackmail:

Blackmail is the crime of threatening to reveal embarrassing, disgraceful or damaging information about a person to the public, family, spouse or associates unless money is paid to purchase silence. Because the information is usually substantially true, it is not revealing the information that is criminal, but demanding money to withhold it.

As she presented the facts up front there is absolutely no blackmail. She made no threats. And since the facts are true she couldn't even be accused of libel.

I hope you get the full $300! Let us know what happens.

 

[dawson5]

We have a small strip of stores in South Bend that is being sued right now for not having barriers between the parking lot and sidewalk. An older gentleman hit the gas instead of the brake and his car went crashing through the store. There was a woman, two children on the sidewalk getting ready to enter the Family Dollar. They were injured, I can't remember if they were injured seriously though. If they are successful, does this mean if Dawn had an accident resulting in injury, they could sue the store? Seems to me that the merchants should be made aware of this as it might be a liability to them.

Good luck. I know that feeling on the tires, ours replaced last year. Luckily hubby works at a dealership and we were able to purchase the tires at a % over cost, it was still around $1000/4.

 

[FinallyBoughtDVC]

Were you on Test Track?

I wish!! No, making a right and the person in front of me was making a left. Streets were curbed with belgian block. Person was taking way too long and I tried to squeeze around, very slowly, and my tire scuffed the curb and, voila, flat tire. Totally my fault.

Potholes are horrible. Anyone who suffers damage on a road or in a parking lot because roads were not maintained properly should be reimbursed. Totally not their fault.

If the pothole was bad, a cone should have been placed there and traffic rerouted until it could be reparied. Sometimes you just can't see a pothole or realize how bad it is until it is too late, no matter what speed you are driving.

I rarely agree with the OP on just about anything , but on this , I agree 100%.