Ian

This is a discussion on Ian within the Accidents and Injury Law Questions forums, part of the Legal Questions & Answers Forum category; I was sitting at a railroad crossing, the gates were down. The gates went up and I proceeded to cross the tracks. The gates went down and wrecked my vehicle ...

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  1. #1
    IME
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    Ian

    I was sitting at a railroad crossing, the gates were down. The gates went up and I proceeded to cross the tracks. The gates went down and wrecked my vehicle that I had just purchased the day before. It shattered the windshield and I can't drive it because of that. It put a huge dent on the hood and several other gouges and dents. The railroad agreed to pay for having it fixed and a rental. Not sure how long it will be before I can get it fixed and they are giving me $3000.00 - $2800 for the vechicle to be fixed and only $200 for rental. This has been a huge inconvenience for me because I came to my hometown to visit and to look for a vehicle to purchase and then back to where I now live. Well, I found the vehicle but this happened due to the negligence of the railroad and now I have no vehicle to drive, and I have no idea for how long. I live 4 hours away from my hometown, and although my Mom could take me back home, this also is a huge inconvenience for her as she is the caretaker for my elderly grandpa. I feel that I should be compensated by the railroad for all of the inconvenience, do you agree? Or should I just settle for the $3000.00 and hope that it doesn't take too much longer to get my new vehicle fixed? This happened on Wednesday, August 1, 2012, and I still have not received a check from them, and the place that is to fix it is going to order parts, but they said it could be a while.


  2. #2
    IME
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    Oh, if I didn't tell you before, the railroad was working on the railroad a ways down. They didn't even know that this had happened to me until about 5 minutes later. I did call the police and a report was done. When the workers' supervisor came and was told what happened they said they couldn't dispute it because no one saw it happen. One of the workers said that when they are working on them as they were that day that they never know when the gates might go down. I believe, as I have been told, that there should have been a flagger there, especially when they know that it could happen.

  3. #3
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    What state are you located in? What exactly would you like to have happen? Naturally, you'd like to get the money, but also, have you sent them any certified mail correspond?

  4. #4
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    Why did you not get the windshield replaced and drive the car until it goes into the shop for repairs?