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Amtak / amtrak smashed 25kwheelchair & 2.5 k disability scooter

Review updated:

Amtrak is doing nothing but stalling
I have lost at least 2 job ops due to me not having my scooter and wheelchair.

Short compressed version; on or about april 23, 2010

Traveling on amtrak from chicago to la

1) me (brain damaged) and my son (md) and daughter are disabled

2) went to file a complaint about discrimination

3) told I can get on train or file complaint I would not have time to do both (kathy baker supervisor amtrak, the lay over was 3 hours) she smelled of alcohol

4) red caps would not help me with my luggage I must pay 3.75 and move my parcels myself as per k. Baker

5) my disability scooter 2, 500 k and 25k wheel chair were smashed and now amtrak wont repair them. Yes how exactly were they both broken and badly at that

6) a non disabled friend of the conductor was allowed in the disabled car and allowed to drink and use four seat while we were told we must stay in our wheel chairs-he could drink and come and go as we wanted we were afraid to go to the bathroom as we were threatened to be thrown off the train.

I went to many organizations and no one can help.

I took pics, file an insurance claim, file complaints bbb, consumer affairs etc, atrak keeps claim they have sent me claim forms to philly which is great since I live in ca. I again gave them my address and they have fowarded me nothing

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Comments

  • Di
      Nov 03, 2010

    how terrible, they should be ashamed

    +1 Votes
  • Di
      Nov 03, 2010

    Umm ok, I am brain damaged. U r right I messed up. But thats all u have to say about me getting me scooters smashed? How about something like; "Im glad it happened!" or "I Hate disabled people too!" u culdve been more creative. U were right but u were boring.

    Wait heres something else to laugh at: I can barely walk, my health is getting worse and I cant support myself! they are winners too!

    0 Votes
  • Di
      Nov 30, 2010

    Amtrak, disabled woman reach settlement Update response to Amtrak--http://www.kxnet.com/getArticle.asp?setCity=bis&ArticleId=118954
    Sadly I have never gotten any mail from Amtrak I have asked for it a number of times and I was told it was sent to "my" address in PA.

    Why would the mail be sent to PA when I clearly live in Los Angeles, Ca? Seems like a stall tactic.
     
    I corrected Amtrak’s "mistake" and asked everything be forwarded to 9595 Wilshire Blvd #900 BH CA 90212, again sadly nothing.
    It is strange and dubious as to why nothing has been neither forwarded nor mailed to me directly—I have verified it with the professional service that accepts my mail and they have confirmed that nothing has been sent to me from Amtrak. It has been recorded in their records-this is a service I have used for over 5 years.
    This situation, at the very least, sounds like a very detrimental situation for Amtrak, I remind you this is NOT my opinion but rather information provided to me by the professional mail receiving service.

    I have no motive nor anything to gain by pretending I have gotten mail from Amtrak when I have not—I would strongly suggest it is quiet the opposite-- I have everything to lose by such a tactic.

     After all who cares if I don't answer you what can that possibly garner for me?

    Kirby Cox and Edwin are on my DV camera and while difficult to hear it is not impossible to hear them both did admit to quite a few problems, in regard to the damage to BOTH my disability scooter as well as my wheelchair. They both went out of their way to document damage that I had not initially realize was there myself-- it was all quite shocking with the level of damage to both Chairs.

    Damage that clearly shows that the most the most likely cause was a drop from a height as well as damage that would require repeated turning and deliberately twisting to create such damaged to the disability vehicles. Simply that such parts of the disability scooter and wheelchair could have only removed and damaged by repeated and deliberate twisting.
    I remarked at how impressed and grateful I was at their honesty. They also commented on their lack of understanding as to why each was 'wrapped' ( I use this term in an overly generalized way) AND separately and differently AND not up to Amtrak's specifications as clearly described by Edwin.
     
    Both machines were 6 months old. Both providers (not me) are very aware of their condition and documented maintenance.
     
    I even went out of my way to baby my chair upon arrival from my parting port--it was very sad that no one was there to help me with both wheelchairs. I am not sure why I had no help and I was forced to move the bigger heavy wheelchair on my own ridiculous, but I was had to as my children, who are fragile need to board the train.

    It will also prove unhelpful to Amtrak that both OTHER significantly older chairs look nearly new or excellent condition. Also you failed to explain and understand that both of this disability vehicles were under 6 months old and are, even to this day being paid for.

    I have no motive to abuse my chair (and all records indicate the opposite) and have every reason to care for them as both of my children are disabled.
     
    You further failed to address Kathy Bakers and/or the other Amtrak employees smell and behavior and my denial of my filing an ADA complaint. I am NOT referring to any internal documents nor confidentiality agreements you have with your employee (s). It is clear that the handful (5-6?) of Amtrak s personnel were acting reprehensibly and we are clearly entitled to a full refund for our horrible and abusive trip. And I continue to insist upon it.

    I look forward to seeing the security tapes and beyond that I am excited as I know what happened without any additives.

    They will clearly show a Chicago Transit Officer assisting me and holding my arm, my hand and giving me a hug after words-hardly images that will support any false and evil theory you might want to inject about any slanderous and defamatory negative insinuations by Amtrak about any behavior on my part.

    They will also demonstrate that all our bag were weighed, at MY insistence and the heaviest ones was 42 pound and the rest were 22 pound or less. Yes in some instances Amtrak may have followed the “rules” but they were applied in an inappropriate way and one designed to abuse and physically harm me, yes physically harm me. Disabled people should not be moving their own luggage, pushing carts being forced to march and weigh items under their own power. This is cruel and abusive; and certainly their can be no legitimate reason to have to show 7 employes in a row your ID.

    I believe these acts constitute what would be equivalent to cruel and unusual punishment. I pray the security tapes are still in existence. Then this he said she said can be put in its proper place-the trash bin. There is no way you will be able to justify me having to be FORCED to doing all the above described acts. What explanation will Amtrak be able to offer? I promise you the my behavior in ALL security tapes going to and from PA will not support this false supposition that some in your employee have tried. They will document that me and my family revived many and repeated hugs and handshakes from Amtrak employees.

    Hardly this unruly passenger that some have alleged—of course I must be the bad person in this situation. How can I be the good one? If I am to be deemed a good guy it brings much of Amtrak's behavior to an unmerciful verdict.
     
    I am talking to more than one attorney--is this really the way this must be resolved?
     
    Really?
     
    I was trapped on a darkened train and all alone because the conductor was in a rush to get off.  Despite my pleas it took longer than it should have for them to get me out and turn the lights back on. It was right after I had suffered a series of seizures and my eyesight was particularly poor. I was frightened and felt like a prison on a darkened abandoned train. I was fearful I would be injury myself in the darkness having to remove two wheelchairs AGAIN on my own. Where were Amtrak employes? Even from a security point of view why was I allowed to be left on a train alone for an inappropriate period of time in the dark?

    My little children, who were waiting for my outside were very distressed over the whole situation. What sort of thing is this to do to 3 disabled people. As an import side note; Ms. Marty Martin found herself in similar situation with Amtrak-also left alone and abandoned also disabled and a senior citizen, all facts which will not shine bright upon your organization. I am not educated in such matter but it is difficult to imagine that the media would look at such instances as anything other than a serious breach in a chain of proper security protocols and an abusive of disabled people.

    After I complained about this when, after another inordinate wait, the red caps finally showed up. Again how was a disabled man the last one to DE-train when he should have been first? When they finally arrived they dragged my luggage on the ground and acted incredibly irritated at our existence.
    Again I would be excited to see the security tapes!

    You are hugely mistaken if you think I fear them—I am certain clever lawyers would be able to make effective arguments in certain areas but it seems doubtful that they would be able to effectively neutralize the sum total of them nor the most damaging aspects of them. And any little they would be able to accomplished would be built on a foundation of lies.

    Is this really what you want to be doing with your life? Spending time making
    up lies against a poor and sick disabled family who only want their wheelchairs fix after Amtrak broke them?

    Is this an admirable goal?

    That due to my lack of an effective disability scooter I have lost at least two jobs and me and my children are living on a hotel vouchers designed for the homeless? To you this, something Amtrak is DIRECTLY responsible for, is fair?

    I ASKED Amtrak what was “--the best way to ship them--” (and so did My wife and my sister-in-law) we followed the guidelines Amtrak laid out for me and went the extra step by removing mirrors and other items and took additional measure above and beyond what you employes had outlined to insure their safe transport.

    If you wanted to create and environment to file a claim it seem leaving the mirror in place would have been a perfect opportunity. Why remove them why go thru all the hassles we did?
    You sound like a cop who been on his beat to long—everyone got an angle right—every ones a liar? Is that it?

    All I can do is FOLLOW Amtrak s guidance in such matters I am NO expert in shipping disability wheelchairs on a train.

    I did as I was told. Period.
     
    My disability ID was hanging around my neck they asked to see it—umm OK—I remarked that shouldn’t you be asking to see my ID BEFORE I get on the train NOT after I got off of it? And why do 7 people need to see it? Are they the seven Stooges? At the Very least does that sound like competent system to you? Yeah they weren't doing it to harass me right?

    Is that what you tell yourself? Does it work? Do you believe it?
     
    Without going into every detail (far from it) as this was a never ending nightmare Kathy Baker refused my right to file a complaint—the laws under ADA, as I understand it clearly state I am entitled to file a complaint even if it is discovered to have no merit. And to deny me the right to file it is a violation of my rights, again even if that claim has NO MERIT!
     
    I understood very clearly that Kathy Baker was giving me a choice ( once more the security tapes will show we weighed all the packages and none exceed required limits—she did though claim I had one too many—so I disagreed but surrendered because I wanted my disabled sick children to get on the train. Don't worry The McDonnell's will testify as to our behavior. And considering their background they will make very powerful witnesses.
     
    What’s my proof that the 6 other parcels weren’t over weight? Ms. Baker let me take them with me. Whats my proof I was unruly the transit police-I engaged them on both occasions and they were kind warm and generous. I don't think you'll get any help their.

    Perhaps you should turn this over to your legal department, matter of fact I request you do so if you are not going to be reasonable —I need their name and address if you wish to go the summons and complaint right—and I am not talking small claims court either. As you know the most likely would be a mandatory settlement conference ordered by a federal judge and we would be forced to resolve it their, for a level I am sure would exceed the repairs to both wheelchairs and the refund of our round trip.

    Is this the rout you wish to go? Even having to answer the summons and complaint
    served to you by federal marshals, because I have no one to severe you and I'll be forced (if I choose to proceed without a lawyer) to file IN FORMA PAUPERIS. My filing fee would be zero, your motions to file with the court would not.

    All of this would go well beyond what you would invest now by simply doing the right thing which is all I ever asked for. Many of your employes were rude cruel and abusive and it is hard to believe BOTH of wheelchairs were NOT destroyed out of spite.

    Not negligence but maliciousness.

    Whose going to believe that I tried to file a complaint for being locked on a cold dark abandoned train, my luggage was tossed about and abused, I was repeatedly asked for my id (while it was hanging around my neck--displayed—I went to file a complaint, I was told I had enough time to file a complaint or board the next train that had a 3 hour lay over-I was forced to move my own luggage, we were abused by your conductor all the way to La and LO and Behold BOTH of my wheelchairs are destroyed; one wont work at all and the other only goes in reserve.

    Who on God's green Earth is going to believe that—you better start looking for the OJ jury and see if their available—their your one and only hope.
    How is this a payday? This is just what's right-make the repairs to the chairs. You know and I can prove that both are six months old.

    Yeah I'd have to get federal subpena to do so and get a very wealthy and affluent business man from San Diego to testify as to what condition the chair was in and how old it was when he donated it to me. He already told me while he would like to come, for business reason he'd have to demonstrate it was under court order—no one likes to go to court we get it.

    You're right I am responding to the pressure that I don't want him to hate me or anyone—after all he gave me a 27K (plus) chair and DELIVERED to me from San Diego to Los Angeles at his expense (hundreds of dollars) and now you want me to subpoena him?

    You're right I DON'T want to BUT I will.

    Yeah and I'd have to subpoena the repair and maintenance records from my other wheelchair provider (let's be honest I am not getting these without court orders-I already tried-my phone company told me the same thing about my relevant text messages we sent re: Amtrak-yep I can only get them with a court order).

    Great whose the bad guy here? Me? I don't want a lawsuit-its you.

    I'll be a hassle and everyone will be VERY unhappy most people HATE to go to court or even PREPARE anything for court but after all is said and done I'll have it and Amtrak WILL lose more in time and money and reputation than if you just do the right thing, the FAIR thing.

    ADA Title II: State and Local Government Activities The transportation provisions of title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak). Public transportation authorities may not discriminate against people with disabilities in the provision of their services. They must comply with requirements for accessibility in newly purchased vehicles, make good faith efforts to purchase or lease accessible used buses, re-manufacture buses in an accessible manner, and, unless it would result in an undue burden, provide para-transit where they operate fixed-route bus or rail systems. Para-transit is a service where individuals who are unable to use the regular transit system independently (because of a physical or mental impairment) are picked up and dropped off at their destinations.

    You should also understand that the problems run ever deeper as Mr. Brown, Mrs. Martin, Paul, Beth, Shausana both of the McDonells and a few others were witness to much of Amtrak’s antics.
     
    How about our ride BACK to LA? What happened there? Did Mrs. Baker have a friend on crew who took revenge on us? Because we were treated like death row inmates on our way to California/ Denied Bathroom access, equal use of chairs as seating as abled bodied passenger i.e. an abled bodied passenger was allowed to use 4 seats while we only allowed to stay in our wheelchairs.
     
    The conductor was rude and abusive, again I was far from the ONLY one who thought so, and yes I have stayed in touch with everyone on board. And being locked in a cold dark train, last one off, denied the right to file a complaint and being threatened at being thrown off the train if I did--”you can file a complaint or catch your train but not both” That's pretty clear isn't it? If not not there are many other wildly inappropriate, abusive, racist, statements that were made along are train ride to hell.
     
    Then BOTH my 6 month old wheelchairs are smashed, yeah really? They are still being paid off. I had no incentive other then take the best care I could of them. When I spoke to your person in Philly he is mistaken, nice guy but wrong I told him about my previous chair and the problems I had with that one, hence my 2 new ones, only 6 months old, not yet paid off. That wheelchair was a pediatric one that was mistakenly sent to me, an event well documented both by the state of California, the mobility and my instance company.
    I asked your personal if there was ANY paperwork for me to fill out re: shipping my wheelchair they told me “NO.” Much like a rental car agency that is the time to document any scratches or damage. Further when I FIRST shipped with you I DID fill out paperwork and the employes DID remark the stellar condition BOTH wheelchairs were in and how they needed to demonstrate EXTRA care due to that fact, THEY noted it not me. It was clear there was nothing to document and that’s why I was provided nothing to sign.

    Nice try but you'll get no traction there.

    Please tell me this can be resolved with level heads and commons sense repairs refund and a letter of an apology would be fair.
     
    It’s hardly a pay day, who wanted a horrible ride with my disabled family or the destruction of my 2 wheelchairs?

    What sense does that make?

    Thanks Seb (my complaint)

     

    -2 Votes
  • Re
      Dec 27, 2010

    If, as you frequently complain on various Facebook sites, Amtrak smashed expensive equipment you need to carry on a normal life, why, oh WHY, don't you have an attorney? As a disabled individual/family, you have MANY opportunities to engage legal assistance at little or no charge to yourself! Why are you so busy writing these faux and/or ignored Press Releases if you have a legitimate gripe?

    0 Votes
  • Re
      Dec 27, 2010

    "I am talking to more than one attorney--is this really the way this must be resolved?"
    Well, obviously you're NOT talking to ANY attorneys unless you're ignoring their advice and actively trying to hurt your own case by making wild, unsupportable, outrageous accusations! Further, how're all the posts on Facebook working out for you? Let's see - first one was November 3, 2010 and, since then, you've posted this complaint, with minor variations, on:
    "Dr. Mehmet Oz" site, "The Rachel Maddow Show" site, "Mental Disability Advocacy Center" site, "Australian Federation Disability Organisation" site, "Larry King Live" photo site, "Amtrak California" site, "Brain Injury Association of Nebraska" site, "Anderson Cooper 360" site, "Traumatic Brain Injury Support" site, "CNN +" site, "Chicago Press Release Service" site, "Maryland Disability Law Center" site, "Press Release Limited" site, and "Donald J. Trump" site. Did I miss anyone? It's abundantly obvious you have a LOT of time on your hands, "Sebastian!"

    0 Votes

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