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#16
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yep, i do think (in my limited capacity) that you should have somewhat of a strong negligence claim, especially if you can argue that trucking comapanies are common carriers and should be held to the upmost care, you can also establish custom, if the industry standard is to have insurance. but the potential problem with that would be negligence claim rewards compensatory damages, and unless you can claim emotional distress, which requires that you are at the scene of the accident, could have been hurt, and perhaps with proved physical manisfistation.
intentional tort... i thought misrepresentation would more or less be a contracts claim... but if you can claim fraudulent misrepresentation then perhaps there is a case... DISCLAIMER: i am not a lawyer... i'm just offering my opinion... decisions should be made after consulting with a real lawyer... just a student... trying to apply what i'm reading to the fact situation, in preparation for my finals tuesday... =P << i remember someone else in here mentioning res ipsa loquitor... perhaps that person would have more insight // didn't some ppl self identify as lawyers in the what do we do thread??>> |
#17
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2005 RX-8 Grand Touring 2005 Outback 2002 Mercedes-Benz E320 wagon END OF LINE |
#18
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Re: Just thought everyone should know!
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2005 RX-8 Grand Touring 2005 Outback 2002 Mercedes-Benz E320 wagon END OF LINE |
#19
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Am I being misunderstood?
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Mitch Hansen
"uncamitzi" This is a Dark Ride 92 Teal SVX LS-L 128K tranny swap with 4.11's Well.. my days of not taking you seriously have certainly come to a middle . |
#20
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Happy for your resolution!
G, I'm glad you're getting your car fixed. What I find disturbing is how eager State Farm was to drop your claim and dismiss it out of hand. Where I come from, a "good neighbor" goes the extra mile to assist another neighbor of friend. Show me how they were looking out for you when they dismissed your claim out of hand with no investigation on their part. You should not have been the one to research that company. They should have done it. Imagine all the other customers of theirs who just lie down without argument when StateFarm does that to them. I guess that's how they make their money. If it were me I'd start looking for another company after they pay for my repairs.
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Pearl '92 LS-L 179K (Historic 1st 5-speed SVX) Mods: 5-speed, 4.11's, Group-N motor mounts, dual Magnaflows, cone air filter, Kenwood MP-228 CD/Receiver, white-faced gauges, '97 grill, custom window tinting. Ebony Mica '92 LS 80K Oct 2002 - Dec 2004: Victim of theft. She served me well. You can tell the lack of craftsmanship by the wrinkles in the duct tape. |
#21
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Re: Am I being misunderstood?
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(Just kidding Nick. Don't ignore me -- that is, if you haven't already. Nick? Nick? Hey, Nick! Hmmmm, no answer.)
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Randy Johnson 3rd Registered Member 02-21-2001 First Member to Reach 10,000 Posts First to arrive at the very first Reading Meet Subaru Ambassador 1992 SVX PPG Pace Car Replica 110+k 1993 White Impreza L 240+K miles 2001 Legacy Outback Limited Sedan 250+K miles 2013 Deep Indigo Pearl Legacy 3.6R 49+K miles "Reading is my favorite Holiday" Mike Davis -- at Reading VI |
#22
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Re: Re: Am I being misunderstood?
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You want something offensive? I'll give you offensive... ...just you friggin' wait...
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2005 RX-8 Grand Touring 2005 Outback 2002 Mercedes-Benz E320 wagon END OF LINE |
#23
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Re: Re: Re: Am I being misunderstood?
Quote:
__________________
Randy Johnson 3rd Registered Member 02-21-2001 First Member to Reach 10,000 Posts First to arrive at the very first Reading Meet Subaru Ambassador 1992 SVX PPG Pace Car Replica 110+k 1993 White Impreza L 240+K miles 2001 Legacy Outback Limited Sedan 250+K miles 2013 Deep Indigo Pearl Legacy 3.6R 49+K miles "Reading is my favorite Holiday" Mike Davis -- at Reading VI |
#24
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Re: Re: Re: Re: Am I being misunderstood?
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__________________
Mitch Hansen
"uncamitzi" This is a Dark Ride 92 Teal SVX LS-L 128K tranny swap with 4.11's Well.. my days of not taking you seriously have certainly come to a middle . |
#25
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Re: Happy for your resolution!
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-G |
#26
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heh heh...you called me "Mr Cigar"... people only call my dad that
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Pearl '92 LS-L 179K (Historic 1st 5-speed SVX) Mods: 5-speed, 4.11's, Group-N motor mounts, dual Magnaflows, cone air filter, Kenwood MP-228 CD/Receiver, white-faced gauges, '97 grill, custom window tinting. Ebony Mica '92 LS 80K Oct 2002 - Dec 2004: Victim of theft. She served me well. You can tell the lack of craftsmanship by the wrinkles in the duct tape. |
#27
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Would you prefer me to call you Dad?
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