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Property Damage To My New Vehicle

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Old 05-01-2008, 09:51 PM     #1
Cindy from Texas
 
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Confused Property Damage To My New Vehicle

The incident: A while back (Jan 30, 2008) my vehicle was struck by a large portable sign from McDonalds. I was driving the vehicle when it flew into my car from above. I was not physically injured thankful, but it was quite a traumatic event. The sign became airborne due to extremely high winds of about 45-60mph. The sign was never properly secured onto the property of McDonald's as the city ordinances of El Paso, TX state signs have to be. McDonald's insurance company contacted me the next day and about a month after the incident offered me a payment amount of approx. $2000.00. Anyone with eyes could clearly see the damages to my vehicle were drastically more than $2000 worth. I decided to go to the dealership I plan on getting my vehicle repaired at and they gave me an estimate of about $4200. I notified the insurance company and to make a long story short basically said they do not want to pay anymore than they originally offered. I'm not trying to get rich off of this company but out of frustration from the negligence of McDonald's I feel they should have to step up to the plate and provide some kind of compensation for my vehicle being damaged, me having to experience such an event, and the value I am losing on my brand new damaged vehicle.

My questions:
1. Even though I was not personally injured am I entitled to some kind of compensation for my distress, inconvenience and having to wait nearly three months so far?
2. Since my vehicle was only 5 months old at the time of the incident am I entitled to ask for the value lost on my brand new vehicle. How much can I ask for?
3. By law, I believe that the claimant is given the freedom to chose where they will get their vehicle repaired at....is this true?

Please if anyone can help me it would be greatly appreciated.
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Old 05-03-2008, 08:12 PM     #2
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Default Re: Property Damage To My New Vehicle

Normally just your actual costs and damages--

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered.
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