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Post Closed as "Not suitable for this site" by Trish, user35069, SJuan76, Vikki, CGCampbell
make more generic, and less of a request for legal advice
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David Siegel
David Siegel
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Suppose that An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from its location.

The entire incident was captured on surveillance cameras, from 3 angles, and clearly shows the van causing the damage. I was able to capture the van ID numbers and license plate. The video shows the property before the damage, the van hitting the property, and the damage thereafter. There really is no disputing the driver caused the damage. All of this was provided to the insurance company.

TheSuppose that an insurance company handling the claim is stating theyon behalf of Amazon states tht they will only pay $250 and, althogh an estimate from a landscaping company says that they do not payit mwill cost $475 to replace sodfully repair the damage. My understanding is that they have a duty to repair the damage to its pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs. rock by myself... nor should I have to!

They never sent an adjuster out to inspectWhat steps can the damage and provide an alternate estimate. I have no idea how they came up withhouseholder take to obtain a full payment of the $250 number when there's no way I could getdamages? Is there anything short of a landscaping company out here forsmall-clams suit that amountwill be effective? Can a small-claims be brought in such a situation.

The insurance company sent an email stating they have mailed a check for $250 andSuppose that they consider the case closed. As you can imagine, this is wholly unacceptable to me, but I'm not sure what options have have atal this point.

I'm thinking about filing suitoccurred in small-claims court and naming Amazon, the delivery company (since it's most likely sub-contracted), and the driver himself. I'd rather avoid allUS State of that if there is some other "pressure" I could apply to the insurance company to have them repair the damageNorth Carolina.

Do any of you have Is there any tips or strategiesspecific law that I might could use with the insurance company... ie. In NChouseholder can cite to the insurance law states this and that...company?

And if that doesn't work, how can I How might the hpisholder/plaintiff get the name of the delivery company and the name of the driver, along with the right address and contacts at these companies to deliver a summons? Can Is/he issue a subpoena to Amazon forcing them to disclose the information, and how would Is/he go about that?

Amazon's Terms of Use (I just looked at them for the first time) has these sections:

Do those clauses preclude mesuch a plaintiff from naming them in a suit filed in my local county small-claims court, or subpoenaing the address of the carrier and driver?

Since the amount of loss isn't crazy high, I'd rather not have to incur a lot of legal expenses to get resolution. IsIs this the kind of thing Ione can do in small claims court, and can Ithe plaintiff recoup any legal expenses as part of it (ie. the cost of filing, serving the summons, etc)?

Any guidance would be appreciated.

An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from its location.

The entire incident was captured on surveillance cameras, from 3 angles, and clearly shows the van causing the damage. I was able to capture the van ID numbers and license plate. The video shows the property before the damage, the van hitting the property, and the damage thereafter. There really is no disputing the driver caused the damage. All of this was provided to the insurance company.

The insurance company handling the claim is stating they will only pay $250 and that they do not pay to replace sod. My understanding is that they have a duty to repair the damage to its pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs. rock by myself... nor should I have to!

They never sent an adjuster out to inspect the damage and provide an alternate estimate. I have no idea how they came up with the $250 number when there's no way I could get a landscaping company out here for that amount.

The insurance company sent an email stating they have mailed a check for $250 and that they consider the case closed. As you can imagine, this is wholly unacceptable to me, but I'm not sure what options have have at this point.

I'm thinking about filing suit in small-claims court and naming Amazon, the delivery company (since it's most likely sub-contracted), and the driver himself. I'd rather avoid all of that if there is some other "pressure" I could apply to the insurance company to have them repair the damage.

Do any of you have any tips or strategies that I might could use with the insurance company... ie. In NC the insurance law states this and that...?

And if that doesn't work, how can I get the name of the delivery company and the name of the driver, along with the right address and contacts at these companies to deliver a summons? Can I issue a subpoena to Amazon forcing them to disclose the information, and how would I go about that?

Amazon's Terms of Use (I just looked at them for the first time) has these sections:

Do those clauses preclude me from naming them in a suit filed in my local county small-claims court, or subpoenaing the address of the carrier and driver?

Since the amount of loss isn't crazy high, I'd rather not have to incur a lot of legal expenses to get resolution. Is this the kind of thing I can do in small claims court, and can I recoup any legal expenses as part of it (ie. the cost of filing, serving the summons, etc)?

Any guidance would be appreciated.

Suppose that An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from its location.

Suppose that an insurance company handling the claim on behalf of Amazon states tht they will only pay $250, althogh an estimate from a landscaping company says that it mwill cost $475 to fully repair the damage. My understanding is that they have a duty to repair the damage to its pre-loss condition.

What steps can the householder take to obtain a full payment of the damages? Is there anything short of a small-clams suit that will be effective? Can a small-claims be brought in such a situation.

Suppose that al this occurred in the US State of North Carolina. Is there any specific law that the householder can cite to the insurance company? How might the hpisholder/plaintiff get the name of the delivery company and the name of the driver, along with the right address and contacts at these companies to deliver a summons? Can s/he issue a subpoena to Amazon forcing them to disclose the information, and how would s/he go about that?

Amazon's Terms of Use has these sections:

Do those clauses preclude such a plaintiff from naming them in a suit filed in my local county small-claims court, or subpoenaing the address of the carrier and driver?

Is this the kind of thing one can do in small claims court, and can the plaintiff recoup any legal expenses as part of it (ie. the cost of filing, serving the

Fixed a few it's to its , and deleted Thank You
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edit approved May 23, 2022 at 6:31
Heddy
edit approved May 23, 2022 at 6:31
Heddy
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amazon Amazon property damage liability &and recovery

An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from it'sits location.

The insurance company handling the claim is stating they will only pay $250 and that they do not pay to replace sod. My understanding is that they have a duty to repair the damage to it'sits pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs. rock by myself... nor should I have to!

Any guidance would be appreciated. Thank you!

amazon property damage liability & recovery

An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from it's location.

The insurance company handling the claim is stating they will only pay $250 and that they do not pay to replace sod. My understanding is that they have a duty to repair the damage to it's pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs rock by myself... nor should I have to!

Any guidance would be appreciated. Thank you!

Amazon property damage liability and recovery

An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from its location.

The insurance company handling the claim is stating they will only pay $250 and that they do not pay to replace sod. My understanding is that they have a duty to repair the damage to its pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs. rock by myself... nor should I have to!

Any guidance would be appreciated.

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mikem
mikem
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amazon property damage liability & recovery

An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly installed sod, and moved a 400 lbs. rock from it's location.

The entire incident was captured on surveillance cameras, from 3 angles, and clearly shows the van causing the damage. I was able to capture the van ID numbers and license plate. The video shows the property before the damage, the van hitting the property, and the damage thereafter. There really is no disputing the driver caused the damage. All of this was provided to the insurance company.

The insurance company handling the claim is stating they will only pay $250 and that they do not pay to replace sod. My understanding is that they have a duty to repair the damage to it's pre-loss condition. The sod was less than a year old, and I have no duty to seed and attempt to re-grow grass at the same density and condition as all of the sod around it. Plus, there's no way I can move a 400 lbs rock by myself... nor should I have to!

I have provided them with an estimate from a landscaping company to replace the sod and reposition the rock. Labor alone is more than $250! The total estimate was $475.

They never sent an adjuster out to inspect the damage and provide an alternate estimate. I have no idea how they came up with the $250 number when there's no way I could get a landscaping company out here for that amount.

The insurance company sent an email stating they have mailed a check for $250 and that they consider the case closed. As you can imagine, this is wholly unacceptable to me, but I'm not sure what options have have at this point.

I'm thinking about filing suit in small-claims court and naming Amazon, the delivery company (since it's most likely sub-contracted), and the driver himself. I'd rather avoid all of that if there is some other "pressure" I could apply to the insurance company to have them repair the damage.

Do any of you have any tips or strategies that I might could use with the insurance company... ie. In NC the insurance law states this and that...?

And if that doesn't work, how can I get the name of the delivery company and the name of the driver, along with the right address and contacts at these companies to deliver a summons? Can I issue a subpoena to Amazon forcing them to disclose the information, and how would I go about that?

Amazon's Terms of Use (I just looked at them for the first time) has these sections:

RISK OF LOSS All purchases of physical items from Amazon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISPUTES Any dispute or claim relating in any way to your use of any Amazon Service will be adjudicated in the state or Federal courts in King County, Washington, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW By using any Amazon Service, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Amazon.

Do those clauses preclude me from naming them in a suit filed in my local county small-claims court, or subpoenaing the address of the carrier and driver?

Since the amount of loss isn't crazy high, I'd rather not have to incur a lot of legal expenses to get resolution. Is this the kind of thing I can do in small claims court, and can I recoup any legal expenses as part of it (ie. the cost of filing, serving the summons, etc)?

Any guidance would be appreciated. Thank you!