My question involves small claims court in the state of: Pennsylvania
I am in the process of installing a fence around my yard. I came home from work one day to find a local utility company in my yard with two sections of fence ripped out and a large hole dug. They claimed I hit their phone line and I would have to pay them for damages. Before beginning digging, I contacted the state one call as requried by law; utilities came and marked their lines and the phone company missed this line.
I stated to utility that I have pictures showing no marks, which I printed and provided to them. I fullfiled all legal requirement of underground utility act as needed. They changed their tune and said I wouldn't have to pay, but to seek reiumbersment from them, I would need to produce receipts for materials, labor etc. I have extra material, so no receipts and am doing the work myself, so no labor. He offered to send me a sub-contractor to assit in making the repairs if I supply the materials.
I will be out several hundred dollars in materials and time off work to repair. This is a large national phone company - is it worth my time and effort to file a claim against them in court? Or, should I try and file a claim directly with the company first? Any other hints or suggestions? Thanks.