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In Nola last night and a pedicab driver hit my car
Posted on 2/16/14 at 9:28 am
Posted on 2/16/14 at 9:28 am
I was driving home last night and was in bad traffic on Tchopitoulas. A pedicab driver for NOLA pedicabs tries to weave his way down the center lane and hits my car, putting a couple scratches on it. He offers to give me $100 (which definitely won't cover it) and so I call the police. I wait for an hour and still no cops. Eventually his manager shows up and tells me that the best thing I can do is just take all his information down and they will sign something saying they are responsible and that the pedicab driver will pay me back out of pocket. The pedicab driver doesn't have insurance and NOLA pedicabs aren't liable for damage sustained to vehicles cause they are contracted workers. How would a pedicab company be able to contract drivers without insurance and how are they not responsible for damage caused by their drivers? Seems like a bunch of bullshite. The driver gave me a deposit for the damages and I got all his information but that is the only guarantee that I have that they will pay for it.
Posted on 2/16/14 at 9:31 am to Tigerstudent08
Seems like you need to go after the pedicab company for your money instead of the driver.
Posted on 2/16/14 at 9:36 am to Tigerstudent08
What are you asking? Just because a company claims someone is an independent contractor, it doesn't mean that's correct and you're barred from going after their insurance. Only problem is no attorney is going to take a property damage only claim. File it on your own insurance if he doesn't pay. It sounds like the kid was trying to accept liability though.
Posted on 2/16/14 at 9:37 am to Tigerstudent08
Plan to sue them both in small claims court.
Draft the petition and mail it to them with your demand letter. If they don't pay you in 30 days, file pro se.
Draft the petition and mail it to them with your demand letter. If they don't pay you in 30 days, file pro se.
Posted on 2/16/14 at 9:48 am to Tigerstudent08
quote:
NOLA pedicabs aren't liable for damage sustained to vehicles cause they are contracted workers.
Sounds like complete bullshite to me. They are still responsible for ensuring their contracted workers have insurance and what not.
Posted on 2/16/14 at 9:51 am to Tigerstudent08
Are you suffering any pain or suffering? Yeah you are.
Posted on 2/16/14 at 9:55 am to Tigerstudent08
Traffic was beyond belief of S. Peters & Tchoupitlous last night. All those "out of state" drivers had no clue where they were going much less wanted to stop at stop signs.
Posted on 2/16/14 at 10:42 am to Tigerstudent08
Believe me, the pedicab company has liability insurance. It's the same way with tour guide companies... the guides are IC's, but the company still carries insurance. It's CYA. They'll probably make the driver pay out of pocket rather than make a claim on their insurance. It sounds like you're well-documented... I think you'll be fine. If not, speak with an attorney.
Posted on 2/16/14 at 10:46 am to Tigerstudent08
If he doesn't pay go after the company. It isn't a big deal.
Posted on 2/16/14 at 10:51 am to tigersownall
quote:
Lawyer up
no...no..no. Lawyer Down, it's small claims court.
Posted on 2/16/14 at 11:06 am to tigersownall
Yea it sounded like complete bullshite. I would hope our laws would be better written than that. The fact that they have uninsured drivers operating their pedicabs is very concerning.
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