He delivered the wrong kind of dirt, and hit my electronic gate.
10/2/2013 Riley Dirt Services delivered 15 yds. 1"Flexbase to property 4921VZCR1507.Subsequently discussed with Benny K.Riley on 10/2/13 about different type of dirt for another part of my property,but pertinent to the current driveway in front of my house I said repeat the order times two.He said he would try to deliver10/03/13,but definitely 10/4/13.The delivery didn't happen on 10/3,so called and to determine when he was coming he said the next morning at 0900.He delivered the wrong kind of rock the next day and insisted that is what I ordered.I informed him I was discussing using the other kind of rock on the other part of the property.Approximately 10:15 Derek Hazel,my renter and foreman of above address called and asked where the dirt was.I callMr.Riley and said he was late,really didn't say why,but would be there 1 1/2 hour or so.I was tied up on two conference calls,so didn't know when I could be there but since my foreman was upset cause delivery wasn't there on time and I needed to be there,I cut my conference calls short and got to the property about1:30 not realizing Mr.Riley was immediately behind me.I activated my electronic gate to let me in,and pulled in away from entry and driveway in the shade facing the road and I saw Riley truck coming.I didn'tknow he was behind me.He quickly turned around in the CR 1507 so as to back in and that's when I realized the gate would time out and probably catch him,I grabbed the remote to try and stop the gate,I pointed,but the truck was already obstructing line of sight to the gate remote antenna,thus I couldn't stop it.He gets out comes to my car.Tells me he had to come on in as the car behind him was rushing him.Told him I was trying to stop the gate as I just got there.All this happened in about less than 1:45 minutes,me pulling in and Riley dirt truck arriving taking the time to turn around and back in,and the gate and his truck hit.That is fast,which suggest precautionary measures weren't utilized to the max.When * delivered, once this year, they got out and surveyed the area,gate before they attempted to deliver.Big trucks in small rural roads I would think should take precautionary measures to prevent accidents.But based on the time above,safety didn't occur.Our discussion was civil,until I asked him for his insurance company,and he got huffy.Prior to that he informed me that he was well aware of electronic gates and how they work,as he has some himself.My point,that being said,he should have been more cautious than to rush in.If he knew as he said how electric gates worked,then he made an assumption that I had left it open for him,but he didn't remember that someone else might have just came in prior and that is always a possibility.My observation was that I don't know where he came from.The entry is right around from a blind corner.Plus,when he was backing up,he should have been able to see the electronic gate arm and controller and jogged his mind,since he knows about electric gates.He informed his adjustor that he didn'tknow it was a electronic gate until he and the gate hit and the adjustor said his son said the same.His son wasn'twith him.With my schedule being extremely busy looking for a job,Riley being late,and not knowing what my foreman's schedule was going to be,and my history with all other contractors I employ,due to respect to their schedules,it is out of the ordinary that I didn'ttell them the gate codes,how to get into the property as I have and always done in the past.I have a history of doing that and can provide names.He and his son says I didn't.The problem with this statement is I have never spoke with his son and I didn'tknow he had even been on the property.The stories are not correct as I have never spoke with his son. My conversation prior to delivery of the dirt was verbal with Mr. Riley.This is a verbal he said I said situation,that I think needs to resolved especially with his comment"I have electric gates,IKnowHowTheyWork".pg.2.
Exercise Safety and get your facts straight with the adjuster, and pay for the damages.
November 5, 2013
* * ordered his rock on the 2nd of October. He told me he wanted 1" flex base. That day my son who is employed by our company delivered 1 load of 1" flex base rock. Upon taking a statement from my son he said "I delivered the rock without incident. I drove into the gate, which was open, turned the truck to back into the location where I was instructed by the renter, Mr. * and dumped. I left the gate was open when I left. No one told me a gate code or that the gate was electronic. The subject never came up'".
The next day Mr. * * called say I brought the wrong rock on the day previous, and I told him he had requested 1" rock., but most people want the 1 3/4". I told him we brought what he ordered, but I would be glad to bring him what ever he said as the price was the same. He never mentioned his gate or a code. The next day I delivered the rock, and as the previous load of rock was already dumped in the area where I would not be able to go into the driveway, then turn to back and dump, I pulled up past the gate, which was open, began to back into the drive, and unknown to me the gate was closing. Mr. * said He was pushing his gate button to try, to stop the gate, but he, his partner, and I his renter were all standing there and no one waved their arms or shouted or anything, and my truck apparently was already in so far that it blocked the sensor so the gate his my truck. I did get huffy as Mr. * said, because the gate was open on the first load a day prior and it was open when I arrived. I had no way of knowing what was going to happen.
Then when our discussion was over, I dumped the rock. At that time Mr. * said no he did not like the 1 3/4" rock, and would I bring him another load like the 1st, which was 1" I agreed .I told Mr. * I felt he should have given me a gate code or had the gate open as before and he said he did, but he did not. We were both mad. I left to go get another load of rock and when I returned with the rock about an hour later approx, there was a sheriff deputy there. Mr. * had called the sheriff department and turned in a complaint on me for hitting his gate. I told the deputy, 1st off I did not hit his gate the gate hit me and 3 people were here, and no one stopped it. I did not even know the gate was closing until it hit me. The sheriff deputy said it was a Civil matter and we would have to resolve it on our own or if not through the Courts. Mr. * said I should pay to have his gate repaired and I told him well I have insurance, and if they can not handle it then I don't know what to tell you. Then I told him to be prepared to pay to have my truck repaired where the gate hit it, and he should probably turn it into his insurance. He was livid and then he said he was NOT going to pay me for the rock!. His bill was $990.00. I told him I expected a check in the mail in a timely fashion I could not stand around all day, their was other customers waiting. The gate was open when about all this, I just rent here, but I unplugged the gate for now. I ask him if the gate still worked he said an Yes we tried it and it still open and shut properly. When I got back to Van I stopped at Insurance turned in the incident and left copies of the results all attached. My desire resolution is that he fix the gate and I will repair my truck. Hope you can read all this well through, but I do not operate a computer so this is how my response had to be.
Ps: By the way, yes there was a vehicle behind me, a tan Expedition, but they were waiting. My truck loaded with rock weighs 65,000#s. You don't, can't get in a hurry, and I wasn't, the gate was open when I got there and I had every reason to believe it was going to be poen as I backed in.