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Thread: Suing my DME for broken chair [long rant] w/ pictures

  1. #11
    That really sucks Mac85. I wish you the best of luck with your court visit. Try to document as best you can your financial claims clearly to "add up" to the 10k. This is technically a little complicated even for the best of judges, so make it as easy for them as possible.

    Make sure to post the name of the DME on this site so they can get the bad publicity they deserve.

  2. #12
    Senior Member jschism's Avatar
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    file a complaint with State Consumer Affairs office, they will review the case and take care of a legal aspects if they accept case.

  3. #13
    Is there any proof that the photos you took were actually before and after? I had photos for a small claims and judge wouldn't allow it as there wasn't a date or proof wo when they were taken.

    JS hasd a good idea of filing a complaint, would also contact the better business bureau

  4. #14
    Quote Originally Posted by Patrick Madsen View Post
    Is there any proof that the photos you took were actually before and after? I had photos for a small claims and judge wouldn't allow it as there wasn't a date or proof wo when they were taken.
    the original files should have EXIF data embedded that shows the date captured.

  5. #15
    Senior Member ~Lin's Avatar
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    digital photos will have the date they were taken encoded, so you just need to figure out how to get that from your files to prove dates. I brought my netbook to court in case the judge wanted to view the properties of the photos, which stated the date and time they were taken by my phone.

    make sure to bring in proof of retail costs for everything. The back, roho, base chair.. I would also call the police and report the theft of your wc back and roho.
    Board Member of Assistance Dog Advocacy Project working in Education. Feel free to ask me any service dog questions!

    I am not paralyzed. I have a genetic connective tissue disorder with neuro complications and a movement disorder.

  6. #16
    Quote Originally Posted by -scott- View Post
    the original files should have EXIF data embedded that shows the date captured.
    It's all in the e-mail - if you look at the dates of the email - and then you see the dme's reply that they will pick it up after seeing the pictures. I will also bring my ipad 2 to court and show them a video of me riding the chair b4 all the mods... I'm in a manual chair w/ emotion m15 i really like the wheels.
    Thank you for the responses, should i really contact the BBB or call the popos?
    C5/C6 Complete since 08/22/09

  7. #17
    BBB definitely.
    The police? I'm unsure of why they would be involved.
    Get involved in politics as if your life depended on it, because it does. -- Justin Dart

    I shall not tolerate ignorance or hate speech on this site.

  8. #18
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    broken p/c

    Good luck and stick it to em!!!!

  9. #19
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    Mac85,

    Very sorry to hear of these troubles. Here are some tips for others to listen to as learn from ourselves:

    Always avoid sending your main power chair to a DME without requesting the chair be surveyed before work begins.

    Always remove anything removable before sending a chair to the DME. This includes foot rests, armrests, cushions, etc.

    Always making the driver who is picking up your chair sign a receipt that he has picked up your chair and go outside and watch him put your chair in his truck. You would be surprised what I have witnessed.

    Daily contact is recommended via the telephone. At the very least call every Monday or Friday. Become a pain in his ass, be respectful for sure but still contact them every day especially around lunchtime or just after.

    These experiences are based on 34 years of major headache. Some are good, most are rotten and a few are just basically incompetent.

    Good luck to Mac. Definitely go through small claims court and file a complaint with the Better Business Bureau. Each state should have an advocate who is very job is to handle these types of things. Also your local TV station should have a consumer advocate as well. Contact them ASAP. News media loves a story like yours and makes them look really good when they resolve it. Who knows maybe a angel will donate something to assist you.

    Future Walker
    Futurewalker

  10. #20
    Senior Member ~Lin's Avatar
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    Quote Originally Posted by Liz321 View Post
    BBB definitely.
    The police? I'm unsure of why they would be involved.
    because they've stolen his expensive custom back and roho cushion. They probably won't care much to do something about it, but having the report filed and the case number will help in court.
    Board Member of Assistance Dog Advocacy Project working in Education. Feel free to ask me any service dog questions!

    I am not paralyzed. I have a genetic connective tissue disorder with neuro complications and a movement disorder.

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