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Re: Grain Bin totaled by Drunk driver - -Follow up


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Posted by wisbaker on August 03, 2014 at 18:17:43 from (173.30.33.15):

In Reply to: Grain Bin totaled by Drunk driver - -Follow up posted by Tramway Guy on August 03, 2014 at 15:52:00:

Your playing poker with the adjuster, their goal to settle for as little as they can, your goal to get as much as is ethical. Tell them no and if you have to sue the driver. Good adjusters don't like to go to court because then they're not in control, if you and your attorney do a good enough job they may very well end up paying more for the bin as well as court costs and legal fees. Convince them your serious and will go to court, then they have incentive to make it right. Mean while find out what used bins cost AND how much it'll cost to move and reassemble a used bin, tell them that's what you want and if they don't want to pay you'll litigate. Yes I understand it might not be worth litigating but don't let them hear that. If they approach you again tell them NO and your attorney will contact them, if they call again telling them your attorney is preparing paperwork and their client can expect to be served soon. You are at a disadvantage because they do this kind of stuff daily.

I'd also contact the district attorney prosecuting the DUI and let them know you haven't been made whole.

If they're offering the depreciated value of the bin verify they're right then get a cost for site clean up, tell them they have to pay for move & assemble labor OR to return the site to a usable condition (slab gone fill dirt leveled and vegetation reestablished). Again tell them you want to be made whole with a like bin installed where you used to have one OR the value of the bin and the clean up.

They will keep hitting you up with low offers, say no and demand more. It might be worth your money to go to an attorney and pay him $50-$100 for a consultation on this. A good local attorney will know the state laws and what you're entitled to and how best to get it for you.


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