taking a power company on

[gman]

has any one here taken on a power company for damages and won??

ive got photos and proof the pole fell down because it was rotten not because of the wind.

any help/ideas would be appreiciated.

[Jantar]

It depends on what was damaged and why.

[pritch]

ive got photos and proof the pole fell down because it was rotten not because of the wind.


If you have insurance for whatever was damaged your insurance company would probably appreciate a copy of the pics then you can sit back and relax while they chase the power company.

If you don't have insurance, unless the damage is really, really expensive it won't be worth going to court as that costs thousands. The power co are likely to seek delays etc, and soon it's tens of thousands. As someone said to me a few years ago, "You get exactly the justice you can afford." It's hard to argue with that.

In my experience, and the experiences of people I know, the Small Claims Court usually just makes awards on a 50/50 basis.
However absurd that may be.

Good luck

[onearmedbandit]

Have you approached them yet to see what their response is? Who owns the lines, Orion isn't it? Also get a quote of the damage from two independant contractors to support your case. Worse comes to worse I'm sure they'd hate the media to have a hold of this, with the skyrocketing profits made by these companies combined with rising cost to the consumer they are not public favourite #1 at the moment.

[Beemer]

I used to work for a power company and I don't reckon you'd get far - where was the power pole for a start? If it was on your property, you could be held responsible, I know they work on that basis for trees that damage the lines. The power company may or may not own the poles either, they are usually owned by a separate lines company - that's what you pay for in your daily charge, the cost of the power company using those lines.

What did the power pole damage when it came down? Had you told them the power pole was rotten prior to it coming down? Unfortunately I doubt they will be very sympathetic unless you had repeatedly advised them the pole was dangerous and they had not done anything about it. You could try writing a letter to the company and pointing out the damages you suffered (if there were any) - you never know, they may give you a credit on your power account by way of an apology. But I wouldn't hold my breath - considering the wages we were paid, they obviously don't like parting with money!

[ManDownUnder]

I'm kinda with Beemer in that I used to work for a power company (Central Power) and then alongside one in Franklin...

The steps I'd suggest are:
1) Find out who owns the pole. If there is a number tag on it there is a good chance it's owned by a lines company (who will want to have it fixed if they haven't done so already)
2) Contact your insurance. Tell them what happened, tell them who owned the power pole and ask them what steps should be taken.

If you can afford to keep the insurers out of it I'd suggest you contact the lines company and tell them your pole (# 1.234) snapped and destroyed my car.

Put it in writing and only give them your return mail address - instruct them to contact you in writing.

If it's as black and white as you say it should be easy enough.

FYI - your responsibility/ownership is from the point of termination (i.e. the connection where the wire LEAVES the pole) to your house and everything in it.

In other words, if the pole broke, and you don;t own it... get it fixed.

Contact the press. Have them put photos in the paper just as a human interest story - and contact the lines company to let them have their say in the article too... it'll force the issue and telling lies in the press won't be something they're inclined to do (coz if they do you can go back with a follow up story).

Your call - but either way you should be fine.
MDU

[idb]

If it is their pole then it's their responsibility to keep it in serviceable condition.
They have to audit all of their poles on a regular basis and identify those that need replacing.
I'd leave it to your insurance company, that's what you pay premiums for, but I'm pretty sure you'll find that any damage caused by lack of maintenance will mean that they have to cough up.

[gman]

youve all been a great help ill let you know what happens:hug:

[thehollowmen]

what exactly happened?

[gman]

me and the wife on my bike and a mate on hers were on our way to rotorua.
we had just left home bout 20 mins into it and was heading down tipo road just thinking about calling it aday............... the very high winds blew down a power pole on the farmers property which in turn pulled down power lines in front of me and my bike caught them under the front gaurd which yanked the bike out from under me and the wife at about 80 ks.my mate managed to stop without out hitting us or the downed lines.
i investigated the pole and spoke to the farmer,found out he had just seen the lines come down and had just rang the power company to come fix and was coming back outside to stop traffic when we rode past.
ive got pics of the cable around the front wheel,pics of the rotten pole and the hole it came out of.the pole was absolutly rotten to the core.

now ive been told that cose the pole was on his property its his fault, but doesnt he pay maintenance to the power company for this sort of thing?
the farmers the one that rang the ambos and came to our aid with blankets for my wife and looked after all our gear for a day or so.im not to keen on going him for the damages.

and thats all that happened besides the injurys were suffering at the moment.

[thehollowmen]

under "electricity act 1992, part 3 - powers and duties of electricity operators and other owners of electrical works part 23" it seems to point out that the electricity operators need to have right of entry to land to carry out inspection and maintinance ... so yes, they will be at fault unless it was a private line to the farmhouse...

http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=671717557&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1992-122%2fs.23&softpage=DOC#JUMPDEST_a1992-122/s.23

The suggestion to claim insurance and let the insurance company battle it out seems the best idea... unfortunitally I can see this is a case of the bigger wallet winning.

Sorry to hear about the accident too, hope you get better soon and get it sorted ASAP

[Virago]

It's a no-fault accident for you - claim on your insurance, let them chase the guilty party.

[Beemer]

Sorry to hear what happened but I wouldn't be at all surprised if this doesn't come under their catch-all "act of God" clause. Weather and related incidents are not usually deemed to be their responsibility and even if the pole was old, they would be reluctant to admit any wrong doing. And it definitely won't be the power company at fault, that lies with the lines company. And if you think power companies are tight, try dealing with a lines company! The bulk of your daily charge (often over a $1 a day) is set by them. We're just lucky we have underground wires from the road, at least there are no worries in high winds!

Good luck, and don't forget to come back and let us know how you get on.

[Jantar]

Ok, now that we have the details. You must claim through your own insurance company. They will cover your claim and seek re-imbursment from the lines company. The pole may have been on a farmer's property, but unless it was between the transformer and the house/shed, and not supplying any other property, then the pole belongs to the network (lines) company.

The best thing is for you to stay well clear of any conflict and just leave it up to your insurance company.

[gman]

ok.i got a call from the towys this morn,he said its just light cosmetic scratches, and he doesnt think the forks are bent at all.my excess is 500 and the insurers wont cover my gear.i mite be able to get a lawyer thru me mum.im gona try and do this cose its the principle of it now.thanks for all your help too cheers guys

[Pathos]

I wouldn't have the guts for it myself. Good Luck.

[idb]

I wouldn't have the guts for it myself. Good Luck.
The very least you should do is ring them if it's only a couple of hundred bucks for repairs..

[ManDownUnder]

ok.i got a call from the towys this morn,he said its just light cosmetic scratches, and he doesnt think the forks are bent at all.my excess is 500 and the insurers wont cover my gear.i mite be able to get a lawyer thru me mum.im gona try and do this cose its the principle of it now.thanks for all your help too cheers guys

Good luck.

Remember - anything that devalues your bike (ding on the forks or a shoddy touch up job) is money out of your pocket.

If you lose your no claims bonus - it's money out of your pocket.

Bringing a lawyer into it will likely be money out of your pocket.

If you don't get fully re-imbursed for your safety gear it's money out of your pocket.

The first thing anyone will do when settling a claim for you is to have you sign somenthing that says you agree this is a "Full and Final" settlement on the accident. Jot down all your losses, get a list of all the possible ways you are/will be out of pocket and persue that.

Good luck - and keep a diary of events - who said what and when. It might come in handy in a dispute...
MDU

[krash69]

wel i finaly got my bike home after ur krash in one piece today....
the weather was dam orsum....get beta soon so we can get ur wife bac up on the bac again...