Car damaged by road construction

eRush · #1 12-29-2004, 01:26 PM

What is the name of your state?GA

On a Monday night in early August I believe it was August 8th. I was returning from university in Jacksonville, FL and exited from I-95 onto a GA state route. I was traveling East in the left-hand lane as it was recently paved and a debris field (small rocks and such from the blacktop and paving operations) was left behind in the right-hand lane.

At crossroad a privately owned pickup truck made a right turn onto the state route and accelerated throwing the debris all over the right front of my truck. Once I arrived at my destination an a few moments later, I used my Maglite and could see the damage on the front of my truck.

It seems to me that a short clean up period could have prevented this damage. I normally don’t see such lack of attention to a work area to a long period as I did after this incident. For several weeks (about 2) the debris field remained causing me and other that I know to find other routes to our destinations.

I submitted a damage claim through normal DOT channels, however the contractor denied the claim because the belive the damages werent caused by "any act, omission, neglect, or misconduct..." Basically is has to be a workmanship issue to them.

I have contacted the GA-DOT legal depatment and requested a copy of the Project Plan, Special Provisions, and the Engineers acceptance for travel.

Is there any other advise or comments you can provide for me?

Thank you in advance for your assistance!
Eric

Lynx 36 · #2 12-29-2004, 01:57 PM

Unfortunately Eric you are probably wasting your time. But let me ask you this.
1. What kind of debris was it?

2. What kind of damage is to your car.

3. Do you have collision coverage on your vehicle?

eRush · #3 12-29-2004, 02:21 PM

1. What kind of debris was it?
Uncompressed blacktop

2. What kind of damage is to your car.
Paint chips, cracks in the grill, impression from the rocks in the soft bumper cover

3. Do you have collision coverage on your vehicle?
Yes, full coverage! But the last time I turned a claim in any sort my rates increased. I would like to reduce the chances of that happening again.

Lynx 36 · #4 12-29-2004, 02:58 PM

It seems to me that if the blacktop was not compressed properly you would have a legitimate claim. I didn't know if it was just loose gravel or what.

Go get an estimate f/ the damage to the car. Depending on how much it is you can do a couple things. If the damage is under a certain dollar amount you can sue the state in small claims court where you don't necessarily need an atty to do it. The state may agree to settle w/ you as it may not be cost beneficial f/ them to fight it. If they don't settle, go to court and plea your case. It sounds to me like you could win. If it is over the small claims limit I would consider turning it into your insurance company. (too costly to get lawyer f/ what sounds like minor damage.) They in turn will subrogate the state of GA f/ reimbursement if they feel the state is liable. Your rates shouldn't go up on a comprehensive claim as this incident was obviously not your fault. If your insurance company gets their money from the state you will also eventually be reimbured the deductable paid out as well.

Lastly, just remember, if you sue the state in small claims court and you would happen to lose, you would take away the right of your insurance company to sue the state. You know that double jeopardy thing. If the state wins the case they can

Lynx 36 · #5 12-29-2004, 03:04 PM

It seems to me that if the blacktop was not compressed properly you would have a legitimate claim. I didn't know if it was just loose gravel or what.

Go get an estimate f/ the damage to the car. Depending on how much it is you can do a couple things. If the damage is under a certain dollar amount you can sue the state in small claims court where you don't necessarily need an atty to do it. The state may agree to settle w/ you as it may not be cost beneficial f/ them to fight it. If they don't settle, consider going to court and plea your case. It sounds to me like you could win. If it is over the small claims limit I would consider turning it into your insurance company. (too costly to get lawyer f/ what sounds like minor damage.) They in turn will subrogate the state of GA f/ reimbursement if they feel the state is liable. Your rates shouldn't go up on a comprehensive claim as this incident was obviously not your fault. If your insurance company gets their money from the state you will also eventually be reimbursed the deductable you paid out as well.

Lastly, just remember, if you sue the state in small claims court and you would happen to lose, you would take away the right of your insurance company to sue the state. You know, that double jeopardy thing. If the state wins the case they can't be sued for the same thing again. Basically your insurance would fix your car still, but you wouldn't get your deductable back as they can't sue again.

Good luck! You are in a catch 22 here.

Lynx 36 · #6 12-29-2004, 03:05 PM

sorry about the double post my computer "geeked" on me.

eRush · #7 12-30-2004, 06:46 AM

The Leagal Regulations and Responsibility to the Public - Section 107
SubSection 107.13 states that the Contractor shall be reponsible for all damages to property etc etc.

In the cover letter for the claim package an ilitac line states "Neither the Department nor the contractor has the responsiblity for damage claims which arise due to normal road hazards."

I just cant believe the DOT would allow the construction company to approve or deny the claims themselves. Doesnt seem impartial, would seem to benefit them to deny all claims and then see what happens.

eRush · #8 12-30-2004, 06:48 AM

Quote:

Originally Posted by Lynx 36

sorry about the double post my computer "geeked" on me.

No prob Lynx!

Thank you for the input...

You Are Guilty · #9 12-30-2004, 09:35 AM

Can you sue the State (of GA) in small claims absent a prior notice of claim?

Can you even sue GA in small claims (or magistrate court or whatever the heck they call it now)?

I'd look into it before making a decision.

eRush · #10 12-30-2004, 10:52 AM

Quote:

Originally Posted by You Are Guilty

Can you sue the State (of GA) in small claims absent a prior notice of claim?

Can you even sue GA in small claims (or magistrate court or whatever the heck they call it now)?

I'd look into it before making a decision.

Guilty,

I can sue GA-DOT even thought the section of law I quoted above states the contractor shall carry the liability for such damages?

I was thinking that if this had to go to court that I would name GA-DOT as a co-defendant, but didnt think that I would be able to due to the wording in Section 107.

tammy8 · #11 12-30-2004, 07:58 PM

The problem I have with this "sue the state" thing, is that if the state was totally 100% responsible, why are you the only one thinking of suing?

This is a comp claim. I take it that you have comp coverage on your policy, right?

eRush · #12 12-31-2004, 06:28 AM

Quote:

Originally Posted by tammy8

The problem I have with this "sue the state" thing, is that if the state was totally 100% responsible, why are you the only one thinking of suing?

This is a comp claim. I take it that you have comp coverage on your policy, right?

Tammy,

I am not sure what you mean by the "only one thinking of suing."

Yes I do have comprehensive coverage but as I state above I made a comp claim several years ago in the same year my wife had an accident. The insurance decided it was in there best interest to raise my rates. I do not want to see this happen again.

I do not like the idea of suing! But when all the cookie crumbs are or the table what else would I be left with? Why should I have to make an insurance claim for something that wasn’t my fault or due to my error? Shouldn’t they have insurance also if this is an insurance issue?

It just seems that they are denying all claims to see how serious a claimant is. This way all the ones that think it too much of a headache will drop it or turn it over to their insurance company.

I am just tied of buying a nice vehicle and other people mess it up for you.

Eric

eRush · #13 12-31-2004, 06:35 AM

I guess what I would really like to do at this point is send a strongly worded letter back to the construction company to see if can work something out without having to drag this through the court system.

What would your opinion be on this option?

tammy8 · #14 12-31-2004, 07:23 AM

ok I am basing my thoughts on the same theory of what if a truck in front of you threw up rock and hit the windshield. It is a road hazard that is a a normal thing. Basically you would not be able to get anything out of the truck insurance ahead of u. Just thoughts to save you a lot of time and heartache. Just file under your comp coverage and if you have a company that increases your rates due to comp claims, find another....unless u have too many comp claims.

good luck