Need legal advice not sympathy if you got time

[resonatadog]

Hello all, I'll get straight to it. Whilst coming down the top deck of the bus at the last stop, the said bus suddenly lurched into action forcing me and my treasured National Style N to smash into the wall. I had to get back home and the events of family life take over (after hanging up my guitar), but sitting here late evening i glance up at my National, realise something is deadly wrong. The plate is completely indented and you know what else is coming. I take off the strings pull out the plate, un screw it of coarse the cone is a write off. Well a bit numb to say the least especialy after playing it today and thinking I've finally got it sounding sweet. And believe me that took a lot of sweat and tears. However I've replaced the write off cone with the old cone that had a small dent on the bass side. So, back in action, don't know how long for, find out in the morning how things are working.//////Now I got to attempt to make a claim to the bus company(don't bother wishing me luck with that) How can i express the finer points of the tonal delicacys of a National guitar to a lay man i.e. the bus Co. and the trouble and disappointment and hassle of refitting a cone PLUS Highlander pickup, ordering a new cone from the US, that will never arrive and get fitted for a soon to be mini tour of West Germany. (If i was'nt slightly handy I'd bet out of business) Well i probably covered most points, needed to vent a bit. But yes any tips on approaching the claim of said damage not to mention possible estimate of pro setup to figure in, and how such things work, or just suck this s*** up as well and just get on with self repair.///

[Deleted]

My experience with insurance companies is that they will not offer you a realistic value of something, unless they they take the damaged article off you to 'write off'.
If you go to a small claims court though, they are likely to be favourable - unsure how much the process costs though.
Prob best to take things into your own hands - steal a bus.
TT

[uatru]

Starting point is to make sure you have quotes for any work and replacements in writing. Ideally this should be from a national franchised repairer. Once you have this you will have worked out your loss and then send copies to the bus company/insurer (if an insurer is handling it). Don’t get bogged down in correspondence. If you tell them what your loss is, and they reply saying no deal, write another letter saying if you don’t pay I’ll go to the small claims court - and if they don’t then issue proceedings - court fees become part of the claim and it is all on line. Sue the bus company not the insurer.
A word of warning. You have to show that the driver was negligent - so you have to be able to explain what he did that a reasonable bus driver would not have done: did he start too early before you had sat down, for example or what? There needs to have been something.
Hope that helps
Andrew.

[stevie2sticks]

1. Document cost of repair
2. Photograph damage (include date on photographs)
3. Did you document the accident; date, time, bus number, location, bus driver details?
4. If your guitar is working but "sounding different" you will need an experts report.

Choice:
Claim on your own insurance.
Or
Write polite letter setting out your losses & claim to Bus Company (e-mail plus recorded delivery).

Only if you have full documented details is it worth going to any Court.

If you write threatening letters early on, they will just file it until a Court Order arrives.

[Andymccann]

I can’t see how it’s the responsibility of the bus company
Isn’t the passenger responsiblie for the luggage? Not like a coach where the driver will stow the luggage. Maybe then but I can’t see them playing ball with carry-on
If the operator didn’t take the luggage from you then tough luck mate will likely be the outcome in my opinion

[stevie2sticks]

The Bus Company may in its defence say "the Bus Driver had to brake hard to avoid an accident that would have caused major injury. And that passengers should take reasonable care that valuable items they are carrying are safely package".

A reasonable documented approach may get a fair response or it may not.

Even Small Claims Courts require proper documented evidence and they might ask what safeguards you took to carry a valuable guitar.

Good luck.

[Michael Messer]

I am really sorry to hear about you and your guitar's accident, but I don't believe the bus company will be responsible because it was not reported to the driver at the time. But I am not a solicitor, I'm just a slide guitarist!

My advice is to order a new cone, biscuit and coverplate from National Reso-Phonic Guitars and get your guitar back to its proper working order.

Coverplate is $160.00, resonator is $80.00, and biscuit is $10.00. $250.00 USD plus shipping and import duty is not a cheap accident, but it will put your guitar back together. I reckon the total in GBP will be approximately £250.00 all in.

If you want to do it for less with a Continental cone, I can help, but my advice is to use all NRP components.

Keep us posted with your progress

Very best wishes

Shine On
Michael.

[Deleted]

I'd be more inclined to take the people who made the case to court. (Guitar case I mean) It certainly hasn't done it's job by the sound of it.

[resonatadog]

Thanks guys, kinda what i thought. Yes the driver was defiantly negligent, as he did not let everybody off at the last stop only those down stairs then continued on to the depot/turn around spot, so point one. I know basic bus details i.e. time it arrived in town and bus number,(not number plate) as for the driver he was older than most and at least looked guilty when I told him he nearly broke my neck.
On the bright side i got my guitar in playable condition again and pickup fitted, i need to play it nearly every day, so the pro setup situation is not really a go to. Not sure how they take my word against their employee, i know they got cameras everywhere, but you know, everything seems so divisive these days. End of the day i suppose i got to buy a cone and send them the bill and hope for restitution. I would like to follow TTs advice but i got no where to store the bus and don't know who to sell it to anyway.
Well now to contact the Bus Co.

[purpleorange]

Hi resonatadog, i would be interested to know what type of case you were using?

[washboardchris]

Hi, try making a claim on you house cover.a few years ago I had a near fatal cardiac arrest in the middle of town while carrying a guitar in a pod case.The case saved me from cracking my head when I hit the deck but the guitar's neck was broken . they paid up with no problem.

[Michael Messer]

Mar 6, 2019 10:07:16 GMT @graeme said:

I'd be more inclined to take the people who made the case to court. (Guitar case I mean) It certainly hasn't done it's job by the sound of it.

Sadly, there are no guarantees with guitar cases that the instrument inside will be protected. There is lots of reassuring blurb by the manufacturers, but nothing that actually guarantees anything. There are companies that claim their cases are safer than others, but even they do not actually guarantee anything. However, a guitar in a £1200 Calton is a lot safer than it would be in a £100 case.

Shine On
Michael

[purpleorange]

Mar 6, 2019 11:46:42 GMT washboardchris said:

Hi, try making a claim on you house cover.a few years ago I had a near fatal cardiac arrest in the middle of town while carrying a guitar in a pod case.The case saved me from cracking my head when I hit the deck but the guitar's neck was broken . they paid up with no problem.

Technically the guitar wont be covered under your home insurance if you are a working musician.

It might not be worth claiming if a Google search of your name could bring up any information that would prove you are a working musician and that the Style N is one of the tools of your trade.

If the guitar is only for personal use it could be covered if you have accidental damage for personal possessions away from home included in the policy. Sometimes high value items and musical instruments will need to be specified on the policy.

If you claim on the policy you may have to pay excess and the fact that you have claimed could have an impact on future premiums for the next 5 years as this may be taken into consideration at renewal or you will need to declare it if you want to apply for a new policy.

[resonatadog]

Hello again haven't been on the forum for sometime but just to wind up this subject as MM said let us know how it went. Well bus co. Admitted responsibility so after that just a matter of me sending in estimates and bills to their insurance company and they payed up very soon after. So anyway that's that. As you were.

[bonzo]

Excellent result! Yes you've had hassle and worry, but at least you're not out of pocket and it seems you were treated fairly. Good things can happen to good people!

Best wishes to you all, John