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Bryan ISD Lawn mower employee Bryan ISD lawn mowing employee damaging car window glass and not paying repair cost Bryan Texas
Bryan ISD lawn mower employees damaging cars and not paying repair cost
Bryan ISD lawn mowing employee damaged my car- driver side window glass completely in the Bryan high school parking lot while mowing lawn. I was driving car back to home without driver side window glass. I sent email to the Bryan ISD lawn mower supervisor Mr. Patrick towns to pay the autoglass replacement charge $203.25 I paid to the store. He forwarded my email to Bryan ISD Risk management. They filed formal claim with Texas Political Subdivisions Joint Self Insurance Fund ( https://www.tpspool.org ).
Texas Political Subdivisions Joint Self Insurance Fund denied the claim by saying “ Texas Political Subdivision represents Bryan ISD in the matter of the above referenced claim, and I have been assigned as the claim adjuster. Bryan ISD is a member of the Texas Political Subdivision’s Joint Self-Insurance Fund in which membership is limited to political entities only. Therefore, all evaluations of negligence are based on the Texas Tort Claims Act, which specifies governmental liability. In order to file a claim for bodily injury or property damage against a governmental unit/school district under 101.021 (A), the property damage or personal injury must have arisen from the operation or use of a motor-driven vehicle.
Our investigation reveals that Bryan ISD was not negligent in the occurrence on 09/16/2021 when your vehicle’s window was damaged by a riding lawnmower Bryan High School located at: 3450 Campus Dr, Bryan, TX 77802. The claim comes within the governmental immunity granted to Bryan ISD by the Texas Tort Claims Act because mowers, weed-eaters and other lawn maintenance equipment or not considered motor-driven vehicles as defined under Texas Law. Therefore, we are unable to assist you or make payment on your behalf for any property damage you may have sustained.” Does this statement make sense to anyone? The same Bryan ISD lawn mowing team has already damaged other vehicles also in the same district schools. They were also not given repair charge for the damage.
Two months later, I got email from some unknown people, Valarie Spake -vspake@wabsa.com and Joey Moore -jmoore@wabsa.com by saying do not contact Mr. Patrick towns. How much Bryan ISD paid to these attorneys to do this? Bryan ISD administration is wasting tax payers’ money like this way? Still Lawn mower team has not paid the autoglass repair charge.
If Texas Political Subdivisions Joint Self Insurance Fund denies claim, Bryan ISD needs to create a fund for the Bryan ISD lawn mower employees damaging others cars repair cost. Is this professionalism, Bryan ISD lawn mower employees damaging others cars and Bryan ISD do not pay the repair cost to the car owners?
Car insurance companies will not take this case without autoglass coverage or comprehensive coverage. Going to small court is another hazard whoever never went to a court.
After all these steps, finally I informed Bryan ISD Superintendent, so far I have not received the repair cost, although 3 months over.
2 Updates & Rebuttals
Texas
United StatesBryan ISD riding lawn mower qualifies as a motor vehicle, Pay the damaged car repair cost.
#3Author of original report
Tue, April 26, 2022
1) Bryan ISD riding lawn mower qualifies as a motor vehicle. The person is sitting on the Lawn mower’s seat and driving the mower not only in the street but also in the school parking lot. The following websites from experts give more information to prove a riding lawn mower qualifies as a motor vehicle.
(1. Is a lawn mower considered a vehicle for a DUI? | Lawyers.com ,
2. Is a lawn mower a motor vehicle? (fosters.com) ,
3. Are Lawn Mowers Street Legal? (Your Questions Answered) (takeayard.com) ).
2) Bryan ISD lawn mower person damaged my car driver side window glass completely broken into small pieces. Pay me the repair cost. Do not try to escape by showing false reasons.
Flint
Rolla,Afghanistan
They are correct
#3Consumer Suggestion
Mon, April 25, 2022
The Texas Tort Claims Act excludes school districts:
Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.
Since a lawn mower is not generally considered a motor vehicle, but is rather in the category of "motor-driven equipment", your claim is excluded. Contact your state legislator.