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

[kaytieeldr]

If this were February or March, a parking lot through way may have had an excuse. We have had no deep freezes and no significant snow. There is no excuse for the condition of this area.

Upon receipt of the photos of the pot holes, of which they were unaware,

Given the conditions, and this statement, it is unreasonable to expect that the management company would be aware of problems with the condition of the parking lot; given that information, it's likely that they would not be held liable if legal action were taken.

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.

This, exactly. The property management company was unaware of the pothole until you informed them; if they continue to neglect it, it's reasonable that future unaware drivers might have a reasonable damage claim - but since they had no prior knowledge, they're exceeding expectations in reimbursing you anything.

 

[golfgal]

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.

Actually it would have saved you money because he would have been 100% at fault for the rear end accident for following too closely AND had he pushed you into the pot hole and your tire was damaged by that, it would have paid for your new tire too.

 

[bumbershoot]

It's interesting how differently people think. Had that happened to me, I would have thought crap, what bad luck! But if I tripped walking down the sidewalk, I wouldn't sue the homeowner for my broken ankle.

I'm the same way, but I think Dawn is doing a good thing. She's helping future people who might not be able to easily get a new tire, she's helping the mgmnt company take care of their property.

I bet the places she CCd were big-name places, like Borders, Old Navy, etc...the types of places that would demand that the parking lot be well-maintained. She probably didn't CC the sole proprietor manicure place in a back corner of the mall. Just the big ones that pull weight with the mgmnt company.




That said, I disagree with the other thing mentioned by Dawn...having received a couple of the letters about "is anyone else at fault in this", it's very easy to say "this was an accident, it was our fault, no one else's", even if something happened on someone else's property.

 

[C.Ann]

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:


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.

I agree.. And hopefully as we're sitting here waiting, Dawn is out having the new tire mounted on her car..

 

[DawnCt1]

Given the conditions, and this statement, it is unreasonable to expect that the management company would be aware of problems with the condition of the parking lot; given that information, it's likely that they would not be held liable if legal action were taken.

This, exactly. The property management company was unaware of the pothole until you informed them; if they continue to neglect it, it's reasonable that future unaware drivers might have a reasonable damage claim - but since they had no prior knowledge, they're exceeding expectations in reimbursing you anything.

Actually I was told that the property is inspected on a weekly basis. When I told a couple of my friends, they told me that the access and main road is always a mess with no sign of repair.

 

[DawnCt1]

I agree.. And hopefully as we're sitting here waiting, Dawn is out having the new tire mounted on her car..

Update time!! I had my tire mounted this morning. The printout was not very bright and would not fax well so I had it enhanced at Staples for 8 cents.
I took a picture of the donut and the new tire and emailed them. I faxed the invoice with a total of $329.61 and mentioned that I took the optional road hazard insurance for $8. The comptroller called me a 4:30 today and said that he was preparing a release and a check for $300, so that was a good compromise. I should expect the release around Tuesday. I will sign it and fax it back. I thanked him very much and that was that!

 

[RF536]

Actually emailing the stores in the mall will have a big impact on the property management company, and not just the big stores have pull. I worked for 10yrs. in a lease accounting department of a large retailer so I was responsible for paying the monthy bills and interpreting the leases. All the mall occupants pay a fee call CAM (common area maintenance) as part of their monthly rent, this fee is to maintain the parking lots, drives, sidewalks and all common areas within the mall. So by notifying the mall occupants of the poor maintainance and providing them with pictures, Dawn was putting the management company in the position to have to fix it or explain to the stores where their money was being used. It was actually a very smart move.

 

[DawnCt1]

Actually it would have saved you money because he would have been 100% at fault for the rear end accident for following too closely AND had he pushed you into the pot hole and your tire was damaged by that, it would have paid for your new tire too.

I don't consider having the rear of my brand new car rebuilt, and driving a loaner an advantage. Now I am out of pocket a whole $29.61, PLUS the dozen donuts and the 4 cups of coffee I took to the repair place. I had called Cadillac Road Side assistance to change the tire and they were sending a local business that I wouldn't take my bicycle to. I told them to cancel it and called a repair shop that I do a lot of business with but they don't have a towing service nor do they make road calls. The manager came right out in his own truck and changed my tire. How nice is that?! Of course I bought my tire from him but they deserved hot coffee this morning. It was freezing!

 

[DawnCt1]

Actually emailing the stores in the mall will have a big impact on the property management company, and not just the big stores have pull. I worked for 10yrs. in a lease accounting department of a large retailer so I was responsible for paying the monthy bills and interpreting the leases. All the mall occupants pay a fee call CAM (common area maintenance) as part of their monthly rent, this fee is to maintain the parking lots, drives, sidewalks and all common areas within the mall. So by notifying the mall occupants of the poor maintainance and providing them with pictures, Dawn was putting the management company in the position to have to fix it or explain to the stores where their money was being used. It was actually a very smart move.

Why thank you!

 

[C.Ann]

Update time!! I had my tire mounted this morning. The printout was not very bright and would not fax well so I had it enhanced at Staples for 8 cents.
I took a picture of the donut and the new tire and emailed them. I faxed the invoice with a total of $329.61 and mentioned that I took the optional road hazard insurance for $8. The comptroller called me a 4:30 today and said that he was preparing a release and a check for $300, so that was a good compromise. I should expect the release around Tuesday. I will sign it and fax it back. I thanked him very much and that was that!

So glad it worked out well.. If they can't/won't maintain their property correctly, they absolutely should be held responsible..

One of my friends DH's used to own a store in a large city.. As is the case in many cities, it was his obligation to keep the sidewalk in front of his store clear of snow and ice in the winter.. One day he missed a spot of ice, an elderly woman fell and broke her ankle, and guess who ended up paying all of her bills and a bit more? Yup - my friends DH.. He wasn't happy about it, but took full responsibility - because he did not maintain the property carefully enough for it to be "safe".... Lesson learned..

 

[It'sWDW4me]

Good for you Dawn. Now if that person who you originally called requesting they work with you on fixing your tire that their negligence of property maintanence had caused (a pothole of that size does not appear overnight - a few weeks, yes), then none of the businesses in the mall would have been informed of said negligence. Sounds like you got through to the right person in the right fashion for them to understand your seriousness. I'm glad you didn't just shrink away.

 

[DawnCt1]

Good for you Dawn. Now if that person who you originally called requesting they work with you on fixing your tire that their negligence of property maintanence had caused (a pothole of that size does not appear overnight - a few weeks, yes), then none of the businesses in the mall would have been informed of said negligence. Sounds like you got through to the right person in the right fashion for them to understand your seriousness. I'm glad you didn't just shrink away.

You are right. Not over night.

One of the potholes in the cluster. Sorry for the darkness of the photo but it was getting dark. That is a bent, but 12 inch ruler in the pot hole.

 

[Lisa loves Pooh]

Pretty cool. I'm glad you stood up for yourself and they finally agreed.

It wouldn't have been something I would have considered as I wouldn't have thought that it would have done any good.

 

[JessicaR]

Update time!! I had my tire mounted this morning. The printout was not very bright and would not fax well so I had it enhanced at Staples for 8 cents.
I took a picture of the donut and the new tire and emailed them. I faxed the invoice with a total of $329.61 and mentioned that I took the optional road hazard insurance for $8. The comptroller called me a 4:30 today and said that he was preparing a release and a check for $300, so that was a good compromise. I should expect the release around Tuesday. I will sign it and fax it back. I thanked him very much and that was that!

Excellent!

 

[Bay Hill]

Dawn, was this a local mall in Enfield? If it is, I'll try to not shop there.

 

[DawnCt1]

Dawn, was this a local mall in Enfield? If it is, I'll try to not shop there.

I wouldn't boycott the businesses. The property management company is going to reimburse me and I have no doubt that they will fix the pot holes now.

 

[Nancyg56]

I am so glad this all worked out.

 

[Lionqueen2]

Glad everything worked out well for you and the management company stepped up and did the right thing.

 

[ScottOKW2K]

Just saw the picture of the pothole with the ruler in it - if that body of water were any bigger they would have to name it !

And another case of a difference of opinion on the DIS - my family and I absolutely HATE that pothole commercial !! When it come on tv it is a race to see who can hit the mute button first.

 

[MouseketeerOvaHere]

Glad you got everything squared away.

Now, slow down, stop following too closely, and watch it with the blackmail.