Vehicle damaged due to road conditions in construction zone

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Latest post Tue, Mar 29 2011 6:48 PM by LynnM. 2 replies.
  • Tue, Mar 29 2011 5:06 PM

    • Andrew92009
      Consumer
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    • Joined on Tue, Mar 29 2011
    • CT
    • Posts 1

    Vehicle damaged due to road conditions in construction zone

    I was travelling on a major highway in CT, and my car was damaged due to separation around 3 storm drains in the middle of the highway.  It caused bubbles on all of my tires because the sidewalls were permanently damaged. I filed a claim with the DOT and they admitted the road was damaged and the area was repaired by the time I contacted them the following work week. They said to submit my receipts and follow the procedure.  They forwarded my claim to the contractor responsible for that portion of the highway due to construction, O&G.  They filed it with their insurance and it was denied due to weather causing the road damage. Who do I sue?  DOT and/or Contractor and/or Insurance? Guilt was admitted, I followed their instructions, and now I'm out $800+? 

    Why does the cause of the road damage matter?  The road was damaged, and it was repaired immedietly.  - Also admission of guilt.  So who is liable in this situation?

    Thanks!

  • Tue, Mar 29 2011 5:32 PM In reply to

    Re: Vehicle damaged due to road conditions in construction zone

    Andrew92009:

    Guilt was admitted, I followed their instructions, and now I'm out $800+? 

    Why does the cause of the road damage matter?  The road was damaged, and it was repaired immedietly.  - Also admission of guilt.  So who is liable in this situation?

    First of all, any "admission of guilt" is just your perception and is in error.

    In order for any person or entitly to be liable for your damage, your damage must have been caused by negligence.

    An acknowledgment and repair of a hazardous condition is NEVER an admission of liability. And telling you where and how to file a claim is also NEVER an admission of liability.

    Whether there was negligence depends on factors not yet revealed.

    Like when and how did the condition occur, when did the DOT have notice of the condition, and when did the repair crew get sent out? Answer all that and I'll give you my opinion as to whether the DOT was negligent.

    As for who you sue, it's never the insurance company, and not likely the contractor either since the contractor was acting as agent for the DOT. That leaves the DOT, which you can, indeed, sue under your state's tort claims statutes but you have a limited amount of time to do that. And there's no way to predict whether you win or not.

     

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  • Tue, Mar 29 2011 6:48 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Vehicle damaged due to road conditions in construction z...

    The first thing you do is report it to your own insurance company

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