major road construction damage

[stevelo38828]

What is the name of your state? ms

Me and my wife were driving to take our "brand new had it 6 weeks" honda accord to the dealership to get it looked at when when we ran into road construction. They were expanding and repaving the road to the right of the car. And they had cones up on the right side where they were working. And the extremely hot tar had gotten into the lane we were in it had spilled over from the other lane. Now remember they were not working on the lane we were in. And the tar got all over the side of the car literally burned the paint off the car. Well I contacted the people who were paving the road and they told me that they were not responsible for any damage to any vehicle. That it is a construction zone and we should not have driven through. And I told him that if they couldn't do the job without damaging people's property then they should have closed the road to the public. Well he said we will see what the owner says. They are supposed to have insurance for jobs such as this right? Aren't they responsible for what damage they cause? Please help because I can't afford $700 to get the whole side of the car repainted. When it is their fault.

[racer72]

It is situations such as this why folks carry comprehensive coverage, use it.

can you proof it was caused by them? if no you lose.

[You Are Guilty]

How fast were you driving through the construction site that it "got all over the side" of the car? The repair crew isn't responsible for you speeding by. If you had been going slowly, the tar would have stayed on the tires.

[Sal33n]

Originally Posted by You Are Guilty

How fast were you driving through the construction site that it "got all over the side" of the car? The repair crew isn't responsible for you speeding by. If you had been going slowly, the tar would have stayed on the tires.

Haven't you ever (when you were young) driven your bicycle through mud, only to have it splash back up on your pant legs and the back of your shirt? And a bike is not nearly going the same speed as a car would. Contruction zone speeds are often like 25 mph at least. Even going 15 mph there is enough centrifical force to kick up loose material off a car tire.

the poster had every right to travel the road in the proper lane and expect to not have damage. It was negligent of the construction crew to allow debris to get on the open road. It was not negligent of the poster to travel that open road.

[You Are Guilty]

Originally Posted by Sal33n

Haven't you ever (when you were young) driven your bicycle through mud, only to have it splash back up on your pant legs and the back of your shirt? And a bike is not nearly going the same speed as a car would. Contruction zone speeds are often like 25 mph at least. Even going 15 mph there is enough centrifical force to kick up loose material off a car tire.

the poster had every right to travel the road in the proper lane and expect to not have damage. It was negligent of the construction crew to allow debris to get on the open road. It was not negligent of the poster to travel that open road.

Oh, well thank you for that clarification on the law of negligence. (Of couse, for someone clearly so well versed, I'm a bit taken aback that you apparently cannot comprehend the effect of contributory negligence in a situation such as this.)

But since you seem to have already determined that a duty existed, please explain for our poster what, exactly, the breach was, then provide an analysis on the causation issue. Thanks.

[MandyD]

Sal, when I parked my car in the parking lot at my son's little league baseball game, I didn't sue the ball club, park owner or batter when my car was damaged by a ball. I assumed that risk when I parked there. If I had a brand new car, I sure as hell wouldn't drive it right next to where new pavement was being put down. It's reasonable to believe some of that might end up on my fine fine new car.

[stevelo38828]

i know half of you could care less but if it happened to you, you would be mad to. And I hate to tell you this since you all seem "REALLY SMART" . But the county said they were responsible they are supposed to make sure it is safe to drive through. If not they are supposed to close the road. Oh and I would not have driven through if they had posted road work ahead. But seeing as they only posted it about 20 feet ahead I really didn't have much choice, especially at rush hour. Not like you can turn around in the middle of the freaking traffic. When you park in the parking lot of a store the person who hit you is responsible. They were responsible for keeping that side of the street clean. If half of the workers weren't standing around it might have been clean. Oh and by the way I was barley driving 15 mph. Oh and this is exactly why "they" have insurance to fix any vehicle that was damaged by their negligance. Oh and yes I can prove that they caused it there is still tar on the side of the car. And what little will come off takes the paint to. And that's why I left the rest on the car so I would have proof. Plus I didn't want to take the rest of the paint off.

[MandyD]

Originally Posted by stevelo38828

i know half of you could care less but if it happened to you, you would be mad to. And I hate to tell you this since you all seem "REALLY SMART" . But the county said they were responsible they are supposed to make sure it is safe to drive through. If not they are supposed to close the road. Oh and I would not have driven through if they had posted road work ahead. But seeing as they only posted it about 20 feet ahead I really didn't have much choice, especially at rush hour. Not like you can turn around in the middle of the freaking traffic. When you park in the parking lot of a store the person who hit you is responsible. They were responsible for keeping that side of the street clean. If half of the workers weren't standing around it might have been clean. Oh and by the way I was barley driving 15 mph. Oh and this is exactly why "they" have insurance to fix any vehicle that was damaged by their negligance. Oh and yes I can prove that they caused it there is still tar on the side of the car. And what little will come off takes the paint to. And that's why I left the rest on the car so I would have proof. Plus I didn't want to take the rest of the paint off.

BS the county said they were responsible. See ya.

[stevelo38828]

Originally Posted by MandyD

BS the county said they were responsible. See ya.

I never said the county was doing the construction. You know they do contract some of there work out. As in contractors were doing the work not the county!

Originally Posted by stevelo38828

i know half of you could care less but if it happened to you, you would be mad to. And I hate to tell you this since you all seem "REALLY SMART" . But the county said they were responsible they are supposed to make sure it is safe to drive through. If not they are supposed to close the road. Oh and I would not have driven through if they had posted road work ahead. But seeing as they only posted it about 20 feet ahead I really didn't have much choice, especially at rush hour. Not like you can turn around in the middle of the freaking traffic. When you park in the parking lot of a store the person who hit you is responsible. They were responsible for keeping that side of the street clean. If half of the workers weren't standing around it might have been clean. Oh and by the way I was barley driving 15 mph. Oh and this is exactly why "they" have insurance to fix any vehicle that was damaged by their negligance. Oh and yes I can prove that they caused it there is still tar on the side of the car. And what little will come off takes the paint to. And that's why I left the rest on the car so I would have proof. Plus I didn't want to take the rest of the paint off.

good luck proving were it happened

[stevelo38828]

Originally Posted by ylen13

good luck proving were it happened

Well since it was the only road work in the area. And the fact after it happened I went straight to the honda dealer and told the service manager what had happened. And the fact that I knew exactly where on the road they were working and at exactly what time. And when I told the manager of the paving company what happened he acted like he didn't care. But when I told him that I got it on the car on the part of the road they weren't working on his whole attitude changed. He ask if it had spilled over from the other lane and I said yes. Then he started stuttering and couldn't really say anything for a moment. Then he said I will tell the owner and he will call you. So really I don't think I will have to much trouble.

[teflon_jones]

You'll be very lucky to get the construction company to pay. File it with your comprehensive insurance coverage. As a no fault incident, it's not likely to raise your rates unless you have a history of filing claims like this.

Originally Posted by stevelo38828

Well since it was the only road work in the area. And the fact after it happened I went straight to the honda dealer and told the service manager what had happened. And the fact that I knew exactly where on the road they were working and at exactly what time. And when I told the manager of the paving company what happened he acted like he didn't care. But when I told him that I got it on the car on the part of the road they weren't working on his whole attitude changed. He ask if it had spilled over from the other lane and I said yes. Then he started stuttering and couldn't really say anything for a moment. Then he said I will tell the owner and he will call you. So really I don't think I will have to much trouble.

basically you have no proof. All that you have is you were in the area at that time passing thru, you have no proof that it was caused by that construction company. They will denie your claim and good luck suing them

[stevelo38828]

well all i can say is we will see what happens. and the main reason I am so mad this isn't the first time this year this has happened my 1998 mustang got hit at work. I turned that in on my ins. to and I am really getting tired of paying out money for others mistakes. I would have had proof of who hit my car but my companies security said you couldn't see from the tape. And then she erased it, but I was told by management that those cams. went all the way to the road. And I know who hit it and that's why they erased the tape. Our district manager hit it. He was the only one who parked out by me. And he was parked in front of my car where it got hit. Then he stopped driving his car to the store for about 3 weeks. So I know he did it but my evidence is gone so I paid out the cash. But this I am not going to take laying down. Someone has to hold these people responsible. I may not get it fixed by them but they will know next time to do things right or someone might just have the proof to sue them.