Full question:
Last year I purchased a house. I came home one day in November and the gas company, Vectren, had jack-hammered a big hole in my concrete driveway and torn up my lawn to replace risers in the neighborhood. I was not notified of this and they just filled the hole in with gravel and left after they were done. I called three times and was given told that the hole will get fixed by a concrete contractor and someone would call me. Nobody ever called and every time I call the gas company I get the same line. The damage reduces the value of my property and the gravel is starting to come out of the hole. What are my options? Can I take the gas company to court? Would it be small claims court? I have email documentation as well as photos. Thank you.
- Category: Civil Actions
- Date:
- State: Indiana
Answer:
The answer will depend on the relief you seek. If you want an order directing the company to make the repairs, it will probably need to be filed in other than a small claims court, as they normally have limited dollar amounts and are unable to order equitable relief, such as ordering someone to act or not act, and will only award money damages. For example, Jeffersonville City Court is limited to claims seeking no more than $500. You might also try to contact your local councilperson or the utility regulatory commission.
It is possible you may get repair estimates and then sue for the cost of hiring another to do the work. You may also get affidavits from contractors stating whether the soil and weather conditions are proper for the work needed. It will be a matter of subjective determination for the court, based on all the circumstances involved, whether the delay in repair was reasonable or not.
Please see also:
http://www.in.gov/iurc/consumer/complaint_form.html
http://tribstar.com/local/x1623043398/Vectren-plans-upgrade-work
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.