On June 11 2012 I was driving in the right lane on Truman Parkway in Hyde Park. At 7 am a dumpster truck belonging to the Boston public works dept (license plate # MB 2281) driven by Mr.Bruce Dantuony hit the rear of my car just before Fairmont avenue. This led to the dislocation of the rear bumper, shattering of the rear driver side tail light and scratches on the car body and the trunk lid. While the car was being repaired I rented a car from July 17 to July 31st. The total cost of car rental came out to be $451.41 including miscellaneous expenses.
According to 211CMR 74.04 the operator of a vehicle subject to the Safe Driver Insurance Plan shall be presumed to be more than 50% at fault when operating a vehicle which is in collision with the rear section of another vehicle. Based on this Mr.Dantuony is clearly more than 50% at fault.
After I filed a claim (# 12-1552) with the city I received a letter dated Aug. 22 2012 from Ms.Donna Wallace of the law dept. stating that the city was unable to determine liability for this accident.
On Aug. 31st I mailed a 30 day demand letter Mr.William Sinott, the head of legal dept. informing the city of my intention to file a small claims complaint to recover my expenses.
I received a letter dated Sept. 14th from Mr.Joseph Callahan of the law dept. stating that I was negligent in this accident. No explanation was given in this letter.
I mailed a letter dated Sept. 26th to Mr.Callahan requesting him to explain why I was considered 100% at fault and send me the police report filed by Mr.Dantuony, and the accident report (with the accident scene diagram) filed with the city by Mr. Bruce Dantuony. I never received this information.
I feel that the city of Boston has considered me negligent without an investigation of this accident. The behavior of city employees involved with this case is unprofessional, irresponsible, deceptive, unethical and unfair. I feel that they are trying to hide something or avoid paying me.
They are doing this because I cannot sue the city in a small claims court. I have to sue them in a superior court which is time consuming and more expensive than the amount of my claim.
Even if I win I will not be able to collect legal expenses.
On Oct. 8th I filed a complaint with mayor Menino. I never heard from the mayor. I did not even receive an acknowledgement for my email.
These people have no qualms about stealing from a senior citizen.