What is the name of your state (only U.S. law)?
CA
A month ago, I was driving home around 1am and went through a construction zone on the 210 freeway. 3 lanes were left open, 3 lanes were closed. While going through the zone, a construction cone appeared in the live lane and I was unable to avoid it. The front end of the car was damaged, and the damage cost was $1500. Fog lights, bumper and bottom cover had to be replaced.
When i filed a claim against caltrans, the claim was denied because they said the construction was handled by a contractor company.
I received a call today from the contractor saying the claim will not be paid because the cone was knocked out by a motorist. The representative from the company stated that if the cones were within reach, they'd put it back. However the cones were out in the live lane, and to get the cones they'd had to go out with a "crash truck", so they were just left there. He insisted that the responsibility lies with the motorist who hit the cones, not them.
So what should be done in my case? Do I have a shot in the small claims court?
CA
A month ago, I was driving home around 1am and went through a construction zone on the 210 freeway. 3 lanes were left open, 3 lanes were closed. While going through the zone, a construction cone appeared in the live lane and I was unable to avoid it. The front end of the car was damaged, and the damage cost was $1500. Fog lights, bumper and bottom cover had to be replaced.
When i filed a claim against caltrans, the claim was denied because they said the construction was handled by a contractor company.
I received a call today from the contractor saying the claim will not be paid because the cone was knocked out by a motorist. The representative from the company stated that if the cones were within reach, they'd put it back. However the cones were out in the live lane, and to get the cones they'd had to go out with a "crash truck", so they were just left there. He insisted that the responsibility lies with the motorist who hit the cones, not them.
So what should be done in my case? Do I have a shot in the small claims court?