pros and cons of protest?

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pros and cons of protest?

Post by WildCherry on November 12th 2008, 9:47 am

guys you all know about my wreck i had last nov 27 with a cds worker in helendale.

well over the last yr i have got the run around.

all this mess findly hit the board meeting nov 6th of this yr.

they declined my clame for repairs to my car. stateing it was "untimely" (still waiting on their lawers letter in the mail) but i have talked with him on the phone. he was kind enough to read the letter to me. and explained that if i dissagreed with the out come. to fallow the promps of his letter to file a appocation of aproval of late clame.

prob is that there is no such thing..... it would seem i need to make one up.... i was told my cds as well as varus lawers that i have to wright a letter askin for this applocation.. but use odd ball goverment codes to do so. piff...... i cant find crap for info on how to do this. and when i read all the california goverment laws it all just seems to be a bunch of ABC 123 bullchit. makeing no sence to me.

speaking shortly with a lawer on the matter (he not seemin to have time for me) said i need to file a small clames... (but im not sure he understood this is not aganst a person or co. but agenst a goverment agency).... speakin with the court house it is only 50 bucks to file... but when asked if i can file aganst a goverment agency they directed me to their small clames adviser.... still waiting 2 days later for a return call for a answer.

so..... i have only 15 days left to file a applocation of late clames with the board of helendale. th very form that dont exsitst. lmao . and im not sure i can small clames them for the 1700 and change for the repairs. no injorys were in this acadent. so no medical stuff to deal with. just a simple cut and dry acadent report. both my story and the guy invalved match to a T. and the officer detrumanded it was the cds workers falt for makeing a "unsafe left trun off the fog line in to on comeing trafic" the guy was an empolyee of cds. so they are responsable for the repairs of my car.

other info....... this is the 2nd clame i have truned in for the same acadent. the first was turned in shortly after the wrack. months later after many calls to the cds. with the only reply i got was. " you where at falt and had no inserace and we have no damages to our proporty so we are not asking you for rembersment'' fallowed my be asking "ok thats good to know but i was not at falt and what of my damages to my car?" it was awsnerd " well i dont have the forms here at my desk ill have the person who dose have them call you back" i findly drove back down to the cds office to inquire about the clame..

to wich i was then told they didnt know what happend to me. and said they dont have a clame from me on the acadent. when i explaned i did in fact trun in said clame they asked if i had copys of it.... well no i dont have copys of it they never gave me any and hadent made any befor trunin it in. so they "hinted" i never truned it in as the same person was still workin the desk that had been for over a year. and sugested i trun in a new clame.

i did so. on sept of this year. from there you can go back to the begainin of this post for the out come.

soooo here is what im wondering... do any of you know what they are talkin about for a applocation of late clame and or how to make one? 2. im thinking of tapeing a HUGE sign to my car.." YOUR 2007-2008 TAX DOLLARS AT WORK FOR YOU" and painting a arow to the frount of my car as i drive aorund their town. (when they do road work they have signs that say "CSD AT WORK FOR YOU" up at each end of the work zone) how much truble could i get in to for doing that do you all think? 3. any one know if you can small clames a goverment agancy in the first place?

lol any info would be helpful. ty guys

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Re: pros and cons of protest?

Post by noend on November 12th 2008, 10:14 am

I wish you a lot of luck, but you're probably fighting a losing battle...

Here's some good info. on it.
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Re: pros and cons of protest?

Post by WildCherry on November 12th 2008, 12:27 pm

ty noend that was a better start then my own.. how ever i had to look up my county... and all i have found is this

[quote]Time limitations for presenting a claim: Most claims must be filed within six months of the date of loss. Claimants are encouraged to consult with an attorney to determine if there are exceptions for their claim (Government Code Section 911.2). Late Claims: When a claim is not presented within the time limitations set by statue, a written application and claim in triplicate may be made to the California Victim Compensation and Government Claims Board for . The application should state the reason for the delay in presenting the claim and be sent Crime Victim and Government Claims Board at the address listed below. The Department of Transportation cannot accept late claims without prior approval of the California Victim Compensation and Government Claims Board.
[quote]

lmao and it is for dmv not the helendale water. lmao ... but it did offer a phone number to call maybe i can milk them for some info as to how to wright up permission to submit a late claim

lmao

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Re: pros and cons of protest?

Post by noend on November 12th 2008, 2:19 pm

Or you could just say, I got ___ed and I didn't even get a kiss. That's about what it amounts to anytime a government is involved.. Good luck hon., I sure hope you win.
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Re: pros and cons of protest?

Post by Deb on November 12th 2008, 2:22 pm

Grrrr WC, no wonder you haven't been around the forum lately...you were bashing your head against the wall dealing with those idiots.

I hope you get to file that late claim and I hope they have to pay through the nose for this now.

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Re: pros and cons of protest?

Post by WildCherry on November 12th 2008, 6:12 pm

sigh i can only hope its not like im asking for a left nut right arm 3rd leg and first born child..... jsut the 1700 and change needed to repair the car. lol

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Re: pros and cons of protest?

Post by Deb on November 12th 2008, 7:14 pm

lol, it does feel like that a lot of the time when dealing with any entity.

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Re: pros and cons of protest?

Post by Dustin Biery on November 12th 2008, 11:50 pm

I dont guess I understand why you cannot just contact their insurance company? At the time of the wreck, they should have provided insurance information. And you should have been able to go directly to their insurance company. If none of this sounds right, call them one more time, then call all the local media. They want to screw around, the news media is always looking for a reason to make our gov't look stupid (as if they need any help)! Just make as much racket as possible. The squeeky wheel gets the grease. Im serious, call every ten minutes! When who ever answers the phone, ask them who their boss is because you want to commend them on their actions in the county. When they tell you who it is, contact them. If that doesn't work, start calling the city mayor's office. And if that doesn't work, call your state rep or senator. And if that doesn't work, call your Govenor. Im serious, these stupid ass state gov't think they are invincible. I will start a thread of my own to tell you of my endevours with the local govt.!

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Re: pros and cons of protest?

Post by WildCherry on November 13th 2008, 9:38 am

lol dustin i feel your pain......

well that is just it they didnt give me their inserance info at the time of wreck...... dipstick me didnt think about it eather... later i did ask for it i was told it was a "colectave inserance" no real company. the money comes from a combined acount. mmmmmmm yeah didnt and still dont quit understnad it eather.

i didnt even know they where goverment in tell monday. i just assumed it was some repair co for sliverlakes. i guess had i really thought about all this in great detail maybe i would have put the peaces together. but just figored "these things take time." and knowin i had a yr to deal with it all. i just let it take its time.... had i known it was goverment. i would have looked more in to the time limits. and been more on the ball.

but would have could have and should haves are all pointless now....Sad

but i did findly get a call back from a paraleagle last night im to see her at 10 to day to have her wright up a permistion letter for late clame for me. lol she was all like i can send you a rough draft one free or build your oun for 50 bucks... dan and i are all like we shall fork out the 50 bucks lol soooooo we shall see how it goes form here i guess.

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Re: pros and cons of protest?

Post by WildCherry on November 13th 2008, 9:42 am

oo as for the news .... yeah i have thought of doing that too. but wantto make sure EVERY DUCK is in a row and well trained on my side befor i draw attenction to me. i dont know the bull crap laws all that well. as i have never been in truble wiht them or had to deal with it befor. (i keep my nose so clean you coldnt find a boogger if you looked with a pick ax) so i never had to deal with this stuffs. lol i figor out laws and crap on a need to know basis i guess. but yeah im thinkin about it.

just makes me feel good to know they didnt get my vote this year in that office. i voted for the "volinteer" chick that was runin against.

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Re: pros and cons of protest?

Post by noend on November 13th 2008, 11:13 am

(i keep my nose so clean you coldnt find a boogger if you looked with a pick ax)

Lol, drop them a few lines like that and they'll settle just to get rid of you. lmao
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Re: pros and cons of protest?

Post by WildCherry on November 13th 2008, 11:31 am

giggle mmm you might have a game plan there fox

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Re: pros and cons of protest?

Post by WildCherry on November 13th 2008, 6:20 pm

ok mmm im back.... she typed up the letter for me and the HOLE packit of crap that will have to be sumited over the next few months depending on their responce....

she mailed it cerifiyed mail. that will come back to me with the sigs and such on it.

they will HAVE TO respond to me now and depending on the response will depend on our next step.

she thinks they will yet again denie the permisson letter for the late clame..... if they do we fallow up with 2 more odd ball forms and such.... then the lawer steps in and we sue....

she said the other to steps must be takein befor we can leagaly sue a goverment agency. but said there is no way any judge would decline my case... she said one way or the other they will have to pay for the reapirs on the car. its just a mater of how long befor they do... that depends on how long the paper work flys back and forth. and how much get stuck ot the red tap in flite.

she asked how much i was askin for. i told her just the 1700 and change for the repairs..... she is like yeah but what about compinsation? i was like for what? she was like for what ever..... i told her i dont know any thing about all that i jsut needed the car repairs. so she said .well now your askin for the 1700 for car repairs and 1500 more for compinsation. as ill prolly need it to pay for the lawers any way. LMAO.

sooooo now we wait.... could be another 30 days befor the next step is takein ....

sigh

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Re: pros and cons of protest?

Post by Dustin Biery on November 13th 2008, 7:14 pm

I would have told her if she was going to tack on 1500 for compensation, she also needs to add in legal fees.

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Re: pros and cons of protest?

Post by Deb on November 14th 2008, 1:20 am

Definately...all court costs to them, not you!

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Re: pros and cons of protest?

Post by WildCherry on November 14th 2008, 9:30 am

well IF it does go to court guys it will be small claims. and you cant have a lawer in with you for that. so his cost would be just his time on the phone tryin to get them to setle out of court be for we see the judge. so his cost would be covered in the 1500 .............. or so i understand it as of now. lmao if any thing that is sure in this mess. is that every thing seems to beable to change at the wim of the law lol.

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Re: pros and cons of protest?

Post by Dustin Biery on November 15th 2008, 12:02 am

What keeps it in small claims is the amount...Just have your "attorney" tack on some more money. I would get them for compensatory damages. The stress and time you have spent on this is worth something.

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