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RottenCanuck22

My car marked up by city workers....

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Hey all,

I was parked in my normal spot outside my house today and slept in. When I woke up, I heard a loud drilling/cutting sound and looked outside to see what's going and saw city workers cutting into the cement right behind my car. I noticed my neighbours car was moved from their original spot (right where they were cutting), so I'm sure the workers must have told them whats going on and to move their car. Nobody told me anything and my car was very close to where they were cutting and they were cutting in the direction of my car. Sure enough, when I go outside and look at my car (right when they had finished), I notice 3 or 4 little burn marks on the back of my car that I've never seen before. I'm pretty pissed off about this... There is a sign saying they are coming back tomorrow and I plan on confronting them about this but something tells me they aren't going to take responsibility... Does anyone happen to know if I can do anything about this? Even though the marks are smallish, in my opinion this is unacceptable. I live in New Westminster by the way.

Thanks

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Take photos NOW of the marks and of the general scene.......your car and the area they were drilling in one shot. Then call ICBC NOW!!

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Going to double up on what Big Dave said. Get out there and document this ASAP

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don't confront them - there is no benefit to that.

Contact ICBC and the City.

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I have a doorbell that wakes me up if rung.. Even if so, there is multiple cars that park in the area and apartments surrounding my house, they probably wouldn't know whos car it was even though it was parked right infront of my house... No excuse to not ring my doorbell if they even did try though.

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Document it, take alot of pictures, call their employers and if nothing comes of it then take them to court.

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The building inspector or loss management guy will come out and check it out and if evidence shows probably have the city pay for it.Its a pain showing up and trying to figure out what addresses belong to what car when a whole crew is sitting there ready to go.

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As others have said photos, documentation and witness statements from your neighbours. Keep a detailed journal.

A friend had a similar issue a while back in Burnaby where he discovered that municipal workers trimming trees had damaged his car. They denied liability but in light of his evidence they backed down and paid. In fact in the end we managed to get his entire car re-painted.

Documented things completely and the most important part you MUST serve written notice on the municipality. And note that you only have two months to comply with the proper form of notice. If you telephone they will be very sympathetic and say they will take care of it but will try to drag it out beyond the two month special limitation period.

You must comply with s. 286 of the Local Government Act that states the following:

286 (1) A municipality is in no case liable for damages unless
notice in writing, setting out the time, place and manner in which the damage has been sustained
, is delivered to the municipality within 2 months from the date on which the damage was sustained.

And if necessary you can sue on your own in Small Claims Court which has jurisdiction up to $25,000 in damages.

http://www.ag.gov.bc.ca/courts/small_claims/index.htm

But note:

How to serve a notice of claim on a municipality

(1) If a defendant is a municipal corporation, regional district or other local government body, the notice of claim must be served by giving a copy to the clerk, deputy clerk or some similar official.

http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20C%20--/Court%20Rules%20Act%20RSBC%201996%20c.%2080/05_Regulations/18_261_93%20Small%20Claims%20Rules/261_93_04.xml#rule18subrule1

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If you plan on getting new tires soon, go out and do a long brake stand right in front of them.

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Thanks for the replies guys... So far I have an appointment at an ICBC claim center and they said just get the supervisors number and ask him about it,also to make sure it was the city and not hired contractor. I may have to do what Westcoaster is suggesting though. Also gonna ask my neighbours if they were given any notice because I know I wasn't.

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I take it there were no signs up on the street prior to the work commencing? There should of been some notice given.. If there was and maybe you just never got the memo your screwed..They won't stop for anything.

Ive seen the cops called out at 7am to knock on an entire townhouse complex to tell ppl to move their vehicles off the street for paving...obviously there were temp no park signs in this case and anyone still asleep had their vehicles towed.. They don't mess around lol.

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I take it there were no signs up on the street prior to the work commencing? There should of been some notice given.. If there was and maybe you just never got the memo your screwed..They won't stop for anything.

Ive seen the cops called out at 7am to knock on an entire townhouse complex to tell ppl to move their vehicles off the street for paving...obviously there were temp no park signs in this case and anyone still asleep had their vehicles towed.. They don't mess around lol.

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