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.
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.
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?
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.
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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