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Senin, 15 November 2021

Family suing cab company over damaged luggage - KTNV Las Vegas

LAS VEGAS (KTNV) — A nice Vegas vacation ends with damaged luggage. But getting compensated isn't as easy as you might think. 13 Action News anchor Tricia Kean explains why one family plans to take a local cab company to court.

NOT RIGHT

"It's not right. It's not right at all," says Catherine Stawinski of Colorado.

She has a complaint with a Las Vegas cab company.

DELUXE CAB

"Deluxe cab has been nothing but a headache," says Catherine.

It all started back in May. Catherine and her family were checking out of the Wynn Hotel.

HANDS FULL

"My husband and I and our four daughters, two under two, so we had our hands very full," says Catherine.

The family was in the taxicab pick-up area, to get a ride to the airport.

While loading their bags and a stroller, they realized everything wasn't going to fit. So they started moving their stuff to an SUV.

WAVING HANDS

"I was actually already in the car trying to get our babies car seats and our daughters in. The next thing I know, I see everybody kind of waving their hands around," says Catherine.

As soon as they had everything out of the first vehicle, it dove off, followed by a Deluxe Taxi. But the cab ran over a couple bags still sitting on the ground.

DRAGGING THINGS

"I don't think he even saw or knew that he hit anything. They flagged him down and said you're dragging some things," says Catherine.

One of the bags the cab ran over, included some family electronics.

"Anybody who travels with kids knows you got to have your phones, your iPads, your laptops, everything to entertain them," says Catherine.

DAMAGED TABLETS

These pictures show damaged tablets belonging to her daughters, and other personal items. Catherine says Wynn security took a report and the cab driver was coopertive.

"He did give us his license and registry and insurance information," says Catherine.

After that, Catherine says her family rushed to the airport for their flight back home.

UPHILL BATTLE

"I didn't know it was going to be such an uphill battle. I really didn't. I thought, he ran over our stuff. The stuff was damaged. The stuff will be replaced," says Catherine.

But that was five months ago. Since then, Catherine says the cab company has refused to accept responsibility. Her family isn't getting reimbursed.

LIABILITY

"They should be ashamed of themselves. They really should. To put people through this, for something where there's no question of liability," says Catherine.

DELUXE RESPONDS

Catherine reached out to 13 Action News for help. We contacted Deluxe Taxicab Service, which pointed us to the decision by their insurance company. It found, Deluxe isn't responsible since the luggage was sitting in a quote "...travel lane which is in regular use by taxicabs and other vehicles."

JUST FLOORED

"I was just floored. It's a loading and unloading zone. There's pedestrians, there's dogs, there's kids, there's luggage," says Catherine.

"There's probably a whole lot of Catherine's out there in the world that have suffered from this type of incident," says Consumer Rights Attorney Christopher Storke with the Legal Aid Center of Southern Nevada.

THE VARIABLES

He says in a case like this, you have to consider every variable.

"Where exactly were their belongings? Did they accidentally place them where the drivers were passing by? Or was it clearly within that lane where a guest can load their belongings?" says Storke.

TOO MANY QUESTIONS

In this case, several people may have also been moving the luggage; Catherine's husband, hotel staff, or the driver. Unanswered questions lead many companies to dispute claims.

"Often times you'll have a company that will drag it out to the fullest extent possible," says Storke.

TAKE PICTURES

Storke says Catherine did the right thing by taking pictures and filing a report with security. But he points out, what she really needs is a written confession from the driver.

"You would have to have the driver actually state, 'Oh I'm so sorry. It's all my fault. I saw your things there, I tried to go around it but I ran over it'," says Storke.

NOTHING IN WRITING

Catherine says the driver was apologetic but admits she didn't get anything in writing.

"I believe he said to my husband, 'Sorry I didn't see it. I wasn't expecting it.' Something along those lines," says Catherine.

$2,500 IN DAMAGES

By Catherine's estimate, the damages add up to about $2,500 and she plans to take legal action.

"At this point, just getting the items replaced and having some accountability of, 'Our driver was wrong, items were damaged... It just doesn't seem fair that they could stall, drag their feet and just pretty much hope that we're going to go away," says Catherine.

SMALL CLAIMS COURT

Storke says if Catherine does decide to sue, she needs to understand her battle is just beginning.

"The bottom line is, you're going to be dragged through a long small claims process to be able to even obtain what you're seeking," says Storke.

WYNN RESORTS

We reached out to Wynn Resorts for this story. They issued this statement:

"We understand and are sympathetic about the guest who placed their own luggage on the ground and we believe the responsibility to replace it (the damaged luggage) clearly rests on the taxi company that accidently drove over it."

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