Earl Weiss
Well-known member
- Joined
- Aug 31, 2007
- Messages
- 6,342
- Reaction score
- 926
- Points
- 113
True classic quotes from small claim judges:................. A lot depends on the judge if you take it to small claims court. .
"I know how them washes can do. They can throw you off the track and throw you back on again. " Damaged wheel claim I lost.
"You take the car as you find it...You could have inspected the car before it came in" - Van had come off the track. I immediately checked the air pressure and found one front had 15 psi, the other 50 psi, and repair bill had wheel alignment (and body damage repair on all 4 sides) even though driver testified wheel alignment was fine and no wheel alignment issues cause by wash. He also testified only one side was damaged by the wash.
The "Take them as you find them legal principal apples to what is often called the "Egg shell Skull " plaintiff whose injures are more severe than would happen to the average person from the same occurrence. It does not apply to liability. Judge awarded 50% of the amount claimed by State Farm, on this subrogation claim.