Remember I smashed my knee on a broken sidewalk a month ago?

United States
October 1, 2012 7:11pm CST
I sent my neighbor a formal letter a couple of weeks back, asking only that he pay the ambulance bill and to repair the sidewalk. I additionally told him that if these two items were not rectified by the end of the month, I would be forced to involve legal counsel (aka, a lawyer). I sent a registered letter and waited. I noticed just over a week ago that there were construction cones and tape up around the sidewalk where I fell. Then came a notice on Thursday in the mail, stating that I had a registered letter. I went to the post office on Friday and learned that not only did he remit a check to cover the ambulance, he stated that he had begun the process of repairing the sidewalk and was awaiting permits from the township! Then Jim (my fiance) came home and said the entire sidewalk was gone over the weekend. I'm so happy that the bill was paid (check went out today) and that the sidewalk will be repaired-he even offered an apology (I think the closeup of my knee I took the following morning after the accident was enough). Lawyers don't always need to be involved-sometimes, just a bit of evidence and a correctly-worded letter can make all the difference!
3 people like this
15 responses
@deazil (4723)
• United States
2 Oct 12
scorpio, I was just sitting her thinking about sending you a PM just to say I was wondering how you've been and have been thinking of you. I went to my email and I saw the notify for this discussion! How funny. I can't believe how good your neighbor is to fix everything. No matter what the reasons are, he's taking care of it. You did a great job of presenting your case to him! I'm sooo happy for you. I hope you're proud of yourself for the way you handled it. And I hope Jim is proud of you too. And little Yoda as well. By the way, how is your knee? I hope it's all better now.
2 people like this
• United States
2 Oct 12
Hey deazil! Missed you the last few weeks, but I took a couple of side jobs (one the day after my injury!) and now have been in real estate school-myLot has taken a backseat since I'm not on the computer all day! It was like a weight that was lifted off my shoulders-I used to take Yoda past his house at least once a week, but since this happened, Jim was walking him (very little!) and never by the house. I only started going out with him a few weeks ago-and the last two, I've been taking him out more on my own. I refuse to walk by his home since the entire sidewalk is cordoned off and Yoda is so naughty on a leash! I'm EXTREMELY proud of me-and I'm sure that the folks I shared this with at an investing seminar I attended recently would be properly impressed too! Jim was stunned to see that the neighbor paid, and in fact, suggested I send a Thank You to him after the repairs are completed. My knee is pretty much ok, just some nasty bruising and scars on both of them. And I still have problems putting weight on the left one if I'm kneeling or on all fours-it probably is related to the bruise.
1 person likes this
• United States
17 Oct 12
It's when I'm crawling into bed, that's all! I just noticed the other day while actually looking HARD at it appears that there's a knot on one side-maybe that would explain why it aches when I'm sitting in bed with my knees drawn up when reading. I'm hoping that it's just a temporary thing though. I spoke with the supervising broker at the real estate office yesterday and I go into the office on Thursday afternoon to start the next step. I'm quite excited for that. And I was paid more than I thought for work I completed 3 weeks ago, so now I can pay for the examination! I noticed that I hadn't gotten the weekly email from myLot over the last few days, and made it a point to see if it was just me. Thank goodness I checked before starting the discussion-if I hadn't, I'm sure it would have gotten deleted since there were a few there. I'll be around somewhere...and I'll be sure to give Yoda a pat when we get to bed. Take care of yourself!
@deazil (4723)
• United States
4 Oct 12
Grrr...No notifications. So aggravating. Wow! You are doing so good. I'm really happy for you. It's nice to hear from you again. I have missed the late night discussions. I'm sure those people at the seminar were properly impressed. Um.....kneeling on all fours? That's not something you do often, I hope. Kidding. If I knelt down on all fours I'd never be able to get up again! I'm getting weak in my old age from doing nothing but sitting at the computer. Hopefully your knee will recover in time. That really was a bad accident. Please come back when you can. I've missed you. :-( Good luck with the real estate business/school/stuff. And give little Yoda a pat for me. :D
@shaggin (71662)
• United States
2 Oct 12
I am really glad that your neighbor did the right thing and paid for your ambulance bill. Around here I think a ride in an ambulance costs $500. Thats a lot of money. I have my sidewalk messed up and sometimes I trip on it I really need to fix it so no one else trips on it and sues my parents or something.
1 person likes this
• United States
2 Oct 12
Around here, I think Jim paid (for a much shorter ride) $850 in 2010 (before I met him)-I think it'd be even more now! This was just to have the EMTs come out and assess me-I actually refused treatment because we had no way to pay any additional bills. It's probably a good idea to repair the sidewalks in front of your house, especially with you tripping on it too. I'd look into that before a child falls and gets hurt!
1 person likes this
@besweet (9861)
• Ireland
2 Oct 12
Wow, that's a lot of money for the ambulance ride! I've never called an ambulance but my insurance covers all the treatment in public hospitals, I believe that the ambulanered. Last month my dad went to the hospital for 5 days and we didn't pay anything. He is retired now but he has a great health insurance from his job before his retirement.
@besweet (9861)
• Ireland
2 Oct 12
Sorry, I meant that the ambulance is covered as well. Mylotting from mobile comes with more mistakes! :-P
@GardenGerty (157615)
• United States
2 Oct 12
It also takes the right kind of neighbor. I am glad your neighbor has "the right stuff" a conscience and a sense of obligation. He also may have been concerned that with a legal claim his homeowner's insurance would go up.
@JohnRok1 (2051)
29 Oct 12
He probably wasn't too keen to have more people trip up on his sidewalk - but that doesn't explain his promptness in settling the bill. I think his attitude in all this may have been "This is the least I can do". Was he any more aware before he received your letter than you were that the sidewalk was his responsibility? I think he may have a case against the utility company, if he has time to take it up - he sounds pretty busy to me.
• United States
31 Oct 12
He's in a wheelchair, so he doesn't come out front to see the condition of the walk; his wife (or whoever else on the check) didn't even think of it. Not too many folks are aware that when you own a home, you're responsible for the upkeep and maintenance in front of your home. But what was going on out in front of his house was NOT new-that had to have been there for a year or more and I happened to fall face first. On a side note, he's gotten as far as having the sidewalk completely removed (so now we have to walk in the street) and a gravel base laid, but with temperatures falling as low as they have at night, he's out of time to get the new sidewalk poured until the spring.
@JohnRok1 (2051)
31 Oct 12
If he's in a wheelchair, is he that well off himself? Maybe the reason he kept you waiting until the 28th to send you payment is that he had to raise the money from somewhere? Or maybe (And I would wish with all my heart that this was the case) he got the utility company to take responsibility in the time? If so, perhaps you might like to claim more?
@ravisivan (14079)
• India
2 Oct 12
yes. you are lucky to have a good neighbor and he has paid the bill. Normally most of us will tell you have to see and walk and not put the blame on me. good the problem is being sorted out.
1 person likes this
• United States
2 Oct 12
ravisivan, Yes, he was only covering himself to ensure that he wouldn't be sued-the price of a new sidewalk and paying one small bill was far less than a potential lawsuit. I don't believe in suing for every little thing though-at the time of the occurrence, I really thought that I'd be permanently injured-thank goodness I wasn't.
1 person likes this
@Traycee (34)
• United States
5 Oct 12
Honestly, I think your letter was uncalled for . You jumped on the guy before he had the time to make repairs. I think you should apologize to him. Most people would have probably paid your medical bill, but, not that quickly. Also, the sidewalk is probably the cities property and he isn't liable for their repairs. You might have just ruined a friendship. I think what you did was your own fault and your letter was a slap in the face to the guy who would have done what he thought was right in the first place.
• United States
6 Oct 12
Are you kidding me? I was sent the bill for the EMTs within days of the accident-he didn't get the letter from me for nearly three weeks. I called the city first (at the police officer's suggestion) and they said it was NOT THEIR PROBLEM, that it was the homeowner. Do you really think that I purposely tripped and nearly broke my kneecap ON PURPOSE? WTF are you smoking? Really, who are you, the sidewalk police? The walking police? I don't owe anyone an apology-I could have been like so many other people and just sued. I didn't-I gave him the opportunity to have his sidewalk repaired within the month and requested that he pay for the bill. And any lawyer would have laughed me out of their office because I wasn't asking for a huge award. What would you have done if it had been you? I smashed my face too, hit my palms into the ground, and smashed both knees. I couldn't even get up without assistance. Oh wait, you'd probably have laughed and pointed. You seem like that kind of person. If anyone is rude here, its you. And frankly, don't stop by again. I really don't have time to waste on someone that doesn't seem to comprehend the facts.
• United States
31 Oct 12
Yes, you did hit a nerve. When I tripped, the police AND an ambulance showed up-the men had to help me stand because I couldn't get up. The homeowner had to have heard the commotion and chose to hide inside. He wasn't waiting for the bill, he was hiding. But if you saw the condition of the sidewalk, you'd have understood WHY I was upset. I sincerely hope that you never have anything catastrophic happen in your life because with an attitude like yours, you don't deserve sympathy. And THAT'S my version of being brutally honest, which is what I'm sure you didn't want to hear. I stand by what I said above.
• United States
6 Oct 12
You know, I gave an honest opinion. That's what you are supposed to do, so, I did. Maybe he was waiting for you to get the bill so you could tell him how much it was. No, I don't think you tripped on purpose, but, anybody can trip. I must have hit a nerve with you. Don't worry, I won't stop by anymore. Whatever...
@yoyo1198 (3641)
• United States
3 Oct 12
The city is responsible for maintenance of the sidewalks here where I live. They have an easement on all property within the city limits. I didn't know that any city in the US held the resident responsible. What happens if they need to dig under the sidewalk for water/gas lines, etc?
• United States
3 Oct 12
I'm not sure about the state here, but when I was in New Jersey, I had the sidewalk in front of my home replaced when they repaired the street and we had new curbs and sidewalks installed and I was required to pay additional taxes. When my neighbor caused 2 blocks to need to be replaced, I was expected to pay the bill and seek reimbursement from them. This is a largely residential area, but the laws may be different once you get into the town. I think the township is allowed to go under the sidewalks where there are utilities, but there was only one block with utilities and the rest probably collapsed as a result from that one. I tripped on those blocks.
@celticeagle (159222)
• Boise, Idaho
2 Oct 12
I am glad to hear that things worked out this way. Perhaps this guy had a experience in the past that helped him to do the right thing. With the amount of litigation going on in the world now days a person has to be careful. And it just goes to show that not every neighbor is a wacko. Just some.
• United States
3 Oct 12
My understanding is that he is in a wheelchair, but I think he accesses the street through a ramp in the rear of his home and that's why he may have been unaware of the condition of the sidewalk, but this was definitely not a new thing-we moved here in April and it was that way at the end of August. But I think the possibility of my hiring a lawyer scared him-to tell you the truth, I don't even KNOW a lawyer here that handles that sort of work! But thank goodness it's nearly over.
1 person likes this
@celticeagle (159222)
• Boise, Idaho
4 Oct 12
He may not have even known the condition of the front walk so when your letter came it scared and made him feel bad about it. Glad it worked out the way it did.
@Shellyann36 (11385)
• United States
3 Oct 12
That is great that he responded so quickly and that you did not have to hire a lawyer to intervene on your behalf. He is a very good neighbor and you are lucky to have him as one!
• United States
3 Oct 12
I was biting my nails toward the second half of the month, and was beginning to fear that he was going to let it go past the 30th! I hadn't even begun to research lawyers (I know of two, but neither handles this sort of work), so it was a relief when I got the notice of a certified letter and the post office. This was something rare-the last time I had an incident at my home involving a neighbor (her daughter managed to release balloons that hit the transformer line at my corner and the power line caused extensive damage to my SUV, sidewalk, and caused my trashcans to catch fire! My father and I filed suit because the car cost so much to repair to have in inspected, but in the end, we only ended up getting $250 of the $500 award. And I shudder to think how much my father actually paid the lawyer!
@marguicha (215570)
• Chile
3 Oct 12
In my country, if you fall in the streets, noone pays for it. Streets belong to the municipality (the smallest district as government goes).They will not pay nor will a neighbor. I think that your neighbor was a very good one even if in your country it is part of his duties. I would go and thank him.
• United States
4 Oct 12
There's a difference between the sidewalk and the street here. Sidewalks are sometimes an extension of our homes (the survey of my old home indicated that my property line extended halfway across the street!), and as a result, we should be keeping them in good repair and clean. I will be sending him a thank you note once the rest of the job is completed-right now, I'd have to step off the sidewalk and walk in the street to pass his home-he still needs to have the sidewalk itself poured.
@natliegleb (5175)
• India
2 Oct 12
hope you are doing fine now,it must hurt a lot and the knee part is very sensitive,fragile and the ouch factor is more.hope you recover of it sooner
• United States
3 Oct 12
Thank you, I am at about 90% use of my left knee. It has its moments-sometimes if I kneel down on a hard surface, it takes a moment to find just the right spot before I can relax. My left knee was still coming forward (as if I was walking) and hit a high piece of sidewalk quite hard, and because it had started swelling so quickly, I couldn't even bend or put weight on it. I just walk slower and always look down to see what is in front of me!
@verolop29 (1096)
• United States
2 Oct 12
That's great that he did what he did! No one wants to deal with a lawyer! And ur neighbor is no different. Ur a smart person to have done this. How's ur knee now? Is it all right? I remember when I was younger that I feel while riding my bike because there was a hole in the sidewalk and I didn't see the hole. So I rode right onto it and my bike flipped and everything blacked out. When I came to, there were ppl all around me. I was ok but there was a little blood coming from my head. I got scratched because the bike landed on me and after that I gave up biking all together.
• United States
3 Oct 12
Oh my, how scary that must have been? How big was the hole? It's a shame that you stopped riding though, but glad to hear that you're ok. I really think he was afraid of the possibility of a lawyer getting involved-I was scared about having to actually PAY someone to represent me. But I didn't get the check until the 28th-he really did make me sweat it out a bit! My knee is a little sore-I can walk pretty much as before, but I'm horribly bruised all around my left knee, and the right one also sustained scrapes. Obviously, that means no skirts or shorts for the rest of the year.
@KOSTAS499 (1624)
• Greece
3 Oct 12
Great news. He is an honorable man and he did the right thing so that no one gets hurt again.
• United States
3 Oct 12
Thank you. He did have me scared because he took until the 28th to send me the payment for the ambulance responders. Still waiting to see the sidewalk repaired-he actually had it removed, so one must enter the street to pass his home, or else cross the street but I understand the township has to issue permits for the repairs. Just relieved that it's mostly past me now.
@pgiblett (6524)
• Canada
3 Oct 12
Not everything needs a lawyer, but sometimes the threat is enough. Where I have lived the majority of my life it has not been possible to sue for injuries obtained while walking on broken pavements (sidewalks) as the law will not allow such claims, no matter how severe the injury suffered, against the city or public authority (on whose jurisdiction such walkways fall) and therefore despite being injured more than a couple of times I have never had the ability to recover for the loss suffered.
• United States
4 Oct 12
I'm sorry to hear that! I agree-I think the threat of a lawyer possibly getting involved scared him into quick action. Wish more people would try this first, rather than automatically hiring a lawyer to sue, but what was the point when I really wasn't asking for much either! Unfortunately, it seems that everyone else in the United States is too quick to sue and I wasn't raised that way.
@besweet (9861)
• Ireland
2 Oct 12
Hi! You have a very responsible and good neighbour, and it is great that he was willing to pay for all of that! You should reply with a thank you note I think you and your neighbour managed very well with this situation. In my country I think that the sidewalks are a responsibility of the city, they are like the roads. If you have an accident because of a hole on the sidwalk or if your car gets damaged because of the bad road construction, you can sue the city and if you win the city will pay for the damages. Do you own the sidewalks in your country? I must have missed your previous discussion about your accident, I hope your leg feels better by now!
• United States
3 Oct 12
hi besweet, I think it varies here-if I had tripped on a damaged sidewalk in front of a store, I'm not sure who owns the sidewalk in that case. But since this was in front of someone's home, it was considered to be an extension of his home, and was not safe. The bill for the EMT responders was rather small; the sidewalk will cost more. Once it's fixed (right now he's waiting for permits to be issued), I'll be sure to send him a thank you note. Jim (my fiance) wanted me to send it immediately, but I feel it's better once everything is taken care of. My knee is pretty much ok-it's hard to kneel down on a hard surface still, and the left one looks like someone beat me around the kneecap! Black and blue, plus scaring on both knees prevents me from wear shorts or a skirt though!
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