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November 2007 Archives

November 30, 2007

He wants town to pay for car damages

Q. In February, a Town of Hempstead sanitation truck damaged my SUV. The police and a town supervisor were called. The supervisor said the town would take care of the damage. My insurance company gave me a check to have the SUV fixed, minus my $500 deductible. Two months later, my insurance company informed me they were having a problem collecting from the town and were giving the claim to an attorney. Recently, I received another letter from my insurance company saying they're still trying to collect.
Walter Strycharz, East Meadow


A. Nine months after his parked SUV was damaged by a sanitation truck, Strycharz still hadn't been reimbursed for the $500 deductible not covered by his State Farm insurance policy.


After calling Town Hall to ask why Strycharz' payment was stalled, we learned that the insurance company hadn't negotiated a settlement with the town.

State Farm declined the town's offer of partial damages in March and then sued the town for full damages in July. The town responded to the suit that same month and was still waiting to hear from State Farm. The case was at a standstill when Newsday called.

Town spokesman Michael Deery checked out the problem for us. As a result, the town's claim service broke tradition: Instead of waiting to hear from the Strycharz' insurer, the service contacted State Farm and negotiated a settlement, Deery said.

Strycharz should have his check in a few weeks, he said.

Last week State Farm accepted 95 percent of the damages and Strycharz said he will be receiving a check for $475. A State Farm spokeswoman said the company doesn't comment on policyholders' claims.

Based on state law that applies to all Long Island towns, any resident whose property is damaged by the town can sue for reimbursement, Deery said.

The general procedure, Deery said, can vary slightly by town:

  • The resident would file a notice of claim within 90 days of the incident and register it at the town clerk's office.
  • Filing can be done without a lawyer, but residents may choose to hire one.
  • Once the claim is filed, the town attorney gives the case to a claim service, which negotiates a settlement if the town is responsible for the damage.
  • Payouts range from partial damages to 100 percent of the claim.


    Also related to this topic:

  • Town of Hempstead Sanitation Districts
  • United Policyholders – Claim Tips

  • She fears dangerous LIRR crossing

    Q. The LIRR crossing on Oakwood Road in Huntington is so uneven the cars go around it to avoid the raised pavement on the tracks. It's just a question of time before one car swerves into another car. I have been after people since last year to get it fixed. I wrote the town and county and learned it's the LIRR's responsibility. I left a message a few weeks ago at the railroad and they never called.
    Jean Kouwenhoven, Huntington

    A. Drivers won't have to do any more pothole dodging at the Oakwood Road crossing.


    Workers finished overhauling the roadway by the tracks on Tuesday, using 20 tons of new asphalt, LIRR spokesman Sam Zambuto said.


    After we called the railroad about the problem, the crossing was reinspected. Zambuto said that inspection confirmed what the railroad already knew -- the crossing needed help.


    Previous inspections had put the Oakwood Road crossing on the railroad's repair radar, although the LIRR did not perceive a "current hazard,” Zambuto said.


    "The crossing needs asphalt work and that was something we were planning to do,” Zambuto said before the repair work began on Nov. 21.

    The asphalt on both sides of the tracks was replaced across all four traffic lanes. Repairs were also made to the rubberized crossing panels for smoother driving over the tracks. Oakwood Road is one of 290 street-level train crossings within the LIRR system that are regularly inspected, Zambuto said.

    Anyone with a problem involving an LIRR crossing should call Public Affairs at 718-558-8228. Complaints can be emailed by visiting mta.info, click the FAQs/Contact Us button on the left and then click E-mail at the bottom of the page.


    Also related to this topic:

  • Metropolitan Transportation Authority – Useful Phone Numbers
  • Environmental Protection Agency – Preferred Railroad Grade Crossing Surfaces
  • SafeNY – Railroad Crossing Safety
  • Operation Lifesaver (An organization dedicated to reducing injuries at rail crossings)
  • Shell Magazine (A 2007 article discussing rubber railroad panels)

  • She wants to see the trees again

    Q. It's been years since the county removed two huge trees from the front of my house because they had been losing branches and could become dangerous in a storm. I was promised two new trees at no cost. I'm still waiting. I've tried writing and calling but to no avail. The front of my house is so bare looking, it's depressing. I'm 83 years old and would like to see two trees while I'm still here to enjoy them.
    Irene Eulner, New Hyde Park


    A. Mrs. Eulner has her trees.



    The Town of North Hempstead Highway Department planted two pear trees two days after we called to find out why the old trees hadn't been replaced. We learned that the highway department had removed the trees in December 2005.

    When trees are removed, the stumps are left there for a year, allowing the roots to die before the stumps are removed, said Town spokesman Justin Meyers. Usually, trees are planted within three months after that, but new plantings could take up to a year if the highway department has storm work or other higher priority tasks.

    The delay in getting Eulner's trees planted occurred because her earlier calls to the town's 311 hotline came before its computer system was fully implemented, he said. Now, there's a system that logs each complaint.


    After the pear trees were planted, Eulner said, "I got my two trees today. They're kind of scrawny looking but it's so nice to see something in front of the house.”

    Town of North Hempstead residents with a problem involving trees on town roads, or other problems, should call 311. Complaints may also be emailed by visiting northhempstead.com and clicking Contact Us in the left hand column.


    Also related to this topic:

  • Nassau County Department of Public Works
  • New York City Department of Parks and Recreation – Dead Tree Removal
  • Long Island Arboricultural Association
  • Long Island Power Authority – Tree Removal Tips

  • November 28, 2007

    Getting ready to launch the Watchdog column

    Community Watchdog’s first column is scheduled to appear in Newsday on Sunday, Dec. 2.

    We’ve received more than 100 emails, calls and letters from readers asking for help with problems they haven’t been able to get resolved after calling town or village officials, or various agencies.

    Town and other officials we’ve talked to about some of the complaints have been helpful and eager to answer our questions. If we can’t get the results reader want, we hope to at least find answers on why something can’t be resolved or will take a longer time to get fixed.

    We’ll share this information with our readers in the column. Occasionally, if we're limited for printed space in Newsday, we’ll post more extensive answers to those questions on this page. If we find some helpful Web sites, we'll post the links here, also. Please let us know if there's a Web site you find useful

    Don’t be discouraged if we haven’t gotten to your problem yet. We’re making our way through the pile and hope to serve as many readers as possible.

    Please send your problem or complaint to watchdog@newsday.com, and if there are photos to illustrate the issue, please include them in an attachment. Readers can also call 631-843-2700, or mail information to Newsday/Community Watchdog, 235 Pinelawn Rd., Melville, NY 11747.

    We'd appreciate feedback on the column. Let us know what you think.

    November 2, 2007

    Your point of view

    Is it too much to ask for trees to be planted as promised three years ago? That’s a question posed by an 83-year-old homeowner who says looking out from her living room window doesn’t bring the joy it once did because the trees that were cut down by the county were never replaced. One man gets angry whenever he glances out the window of his Merrick home because all he sees is the commercial tile truck parked in his neighbor’s driveway. And for the past two months, a woman from West Hempstead has been trying to get a boat and trailer parked across the street from her home moved because she hates seeing it there.

    Writers sending emails to watchdog@newsday.com and readers who are calling 631.843.2700 to voice a complaint or problem, say that the view from a home window can have a direct impact on how they feel.

    We’ll be dealing these problems and other issues we’re hearing about in the Community Watchdog column we're launching soon.

    Here’s to a better view.

    gwen_young_right_rail.jpg
    Put your community watchdog to work
    Getting the runaround from Town Hall? Got a problem the village won’t fix? Send Gwen Young your questions, she'll get you the answers.

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