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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6867
Experience:  Licensed attorney helping individuals and businesses.
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I have a complaint against Amtrak for damage done to my electric

Customer Question

I have a complaint against Amtrak for damage done to my electric mobility chair that was damaged on the Auto Train on 10/09/2011 on the south bound train to Fla. When my family and I arrived in Fla, I notice that the cover on my chair that was secured in a lift on the back of my car had been moved so I could see the chair base of the chair and part of the chair. I didn't think anything of it until we got to our hotel at Disney World. When I removed the cover to take my chair off the lift so I could get to our room. I noticed that the left arm was in a downward postion, this it not suppose to happen. When I attepted to place it back in the correct postion, the arm fell off in my hand. At 1st I just thought that it just may have been a bad weld point. So I after we got settled in our hotel rooms, I called "The Scooter Store" from which I recived my chair using my Medicare and Tricare assistance since I am a totaled disable veteran and also am totally disabled though Social Security. When the Tech could come out to repair the arm with our sched so we would not miss anytime visting Disney World with our grandson. It took him about 3 seconds to see that a tramatic event had damaged my chiar. He said and the only way that could have happend is that the Amtrak staff that put my car on the car carrier were in a hurry to meet the departure time of 4Pm and was not watching what they were doing. The whole chair is twisted, and also somehow on the arm that fell of the attaching arm that also supports the arm rest and attaches to the chair, itself had a long deep white scratch on it. Now my car is Blue, my chair is red, blace and gray, my lift is black. When I spoke finally spoke with someone from Amtrak claims, which is a circus itself. I was given wrong number's or numbers that were disconnected. When I finally talked to someone, they said someone would call me back. Well after a few days I call again, and then they tell me that the claims person is on vacation for the next wk. Now this after being home at least 3-4 wks after our return from Disney World. Now everybody keeps saying that I signed a "Wavier of Liablity for my chair. The only wavier I signed was for a stroller on the top of my car. At no time did anybody ask me what was on the back of my car. Also the person said that I could have asked to have my chair removed and secured some where else on the train. I asked that person how do I find out about it, he tells me that I have to ask for it. This service is not mentioned in any information that I have read. This doenst make sense. The person said that all he would reinburse me was my deductable, and I was responsable for the remainder. This is totally Amtrak fault and trying to get away with something that they were totally responsible for. Now this is Dec the 8th I am still waiting for a email copy of what I was supposed to signed. No one has attempted to prove to me that I signed something. I would like some advice on if I have any type of case against Amtrak.My chair was less then a month, and due to the Amtrak staff, they cause the damage that it seems to them they could care less, and its my responciablity to get it fixed and money out of my pocket. I dont have $5000 lying around doing nothing.In fact due to a small stroke (2nd one) my wife left her job to be my care provider at home, and that was a loss of about $2000/month, and no Im not trying to get something for nothing. The damage to my chair was filed by the tech with The Scooter Store after he finished replaceing my armrest
Thank you
Richard S Myers [email protected]
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'mCustomerand I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.

What exactly do you want to know?

Thank you!
Customer: replied 5 years ago.

Look you makeing me upset right now. I have ask how do I click ACCEPT when I dont see any place to do that. This is also contribuing right now to the appisode that I am having with simple hand and eye corrdintion.

Expert:  AttorneyTom replied 5 years ago.

I'm sorry that you're getting upset. There is no reason to be upset with me. I am only trying to respond to your question.
I have no received any response from you prior to this one. If you tried to reply via email, it's important to understand that no email replies are posted in this thread and I do not receive any emails from you. Any message you post must be posted here, on this page.

I asked you a question in the previous message. Please respond to that question using the REPLY feature and I'll be happy to respond as soon as possible. Please understand that it will be necessary to remain patient, as I may need to perform some research and it can take a while to type up a response.

Please respond to the following so that I know what information you're looking for.

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.
What exactly do you want to know?

Thank you.
Expert:  AttorneyTom replied 5 years ago.
Please note:
The accept button has not yet appeared. It will appear once I post an answer. I appreciate the fact that you were looking for the accept button. After I provide an answer, it will appear in the form of a green button on this page.

Thank you!
Customer: replied 5 years ago.

Ok, one more time. I want Amtrak to pay for my chair that could have only been damaged by them. My car and chair attached were loaded in VA, and not touched until we got into Fla. They had to know of the damage the caused because it looks like they tried to cover it up. I would also like Amtrak to pay all fees involved in the matter. I shouldnt have to pay for something that was not my fault but the fault of others


Just forget it. Im sorry for taking up your time for some reason and it just may be me. Some how Im missing something. Thanks for your trouble

Expert:  AttorneyTom replied 5 years ago.

It's not possible to retain an attorney here. We provide information about the law but we do not provide legal advice or legal services. I'm just wondering what information you're looking for. A lot of questions can arise out of any given scenario, so it's difficult to guess at what someone wants to learn.

Here are some questions I could answer that you might be interested in. Are these the things you want to know?
1. How does an individual recover money when a carrier damages his property?
2. What is the effect of a liability waiver?
3. How can someone retain an attorney for a lawsuit and what does it cost?
4. What matters can be handled in small claims court?

Would answers to these questions be helpful? Is there something else you want to know?