God damned 2012 superbowl.
April 8, 2011 6:54 AM Subscribe
My car was damaged driving through a construction zone, do I have any legal recourse?
Driving through a construction zone at night there was an unmarked bump in the road (where they were in the middle of repaving) and driving over it caused my car a significant amount of damage. My catalytic converter was broken in two pieces and it would cost an estimated $6-700 dollars to fix. I have only liability insurance on the car. I have 50 bucks to my name for the next two weeks. Am I just screwed? Or would it be at all possible to get the city or construction company to pay up? Is the car ok to drive until I can scrape up enough money?
Driving through a construction zone at night there was an unmarked bump in the road (where they were in the middle of repaving) and driving over it caused my car a significant amount of damage. My catalytic converter was broken in two pieces and it would cost an estimated $6-700 dollars to fix. I have only liability insurance on the car. I have 50 bucks to my name for the next two weeks. Am I just screwed? Or would it be at all possible to get the city or construction company to pay up? Is the car ok to drive until I can scrape up enough money?
How large was this bump / how fast were you going when you did that?
On first glance, it sounds an awful lot like you were speeding through a construction zone, in which case I would probably just keep my mouth shut lest the city decide I need a ticket for that on top of the car repairs.
posted by toomuchpete at 6:58 AM on April 8, 2011
On first glance, it sounds an awful lot like you were speeding through a construction zone, in which case I would probably just keep my mouth shut lest the city decide I need a ticket for that on top of the car repairs.
posted by toomuchpete at 6:58 AM on April 8, 2011
You should probably name both in a small-claims action and ask the magistrate to sort it out. But hearing, judgement, compensation (if any) probably aren't going to happen in anything like two weeks. I did this once for damaged wheel and tire in a pot-hole big enough to sit down in. Not a construction zone, though. And it was several months before it was settled. Bottom line: you'll need to front the repair and go to court with the bill in hand. Pictures of the bump in the road and of the resulting damage will help, too.
posted by TruncatedTiller at 7:02 AM on April 8, 2011
posted by TruncatedTiller at 7:02 AM on April 8, 2011
Response by poster: toomuchpete: I know, right? But one of my new years resolutions has been to go exactly the speed limit except in long distance situations on the interstate. I was going the posted 25 but this bump was nearly the size of a curb. I'm surprised I didn't get a flat.
posted by symbollocks at 7:04 AM on April 8, 2011
posted by symbollocks at 7:04 AM on April 8, 2011
"Is the car ok to drive until I can scrape up enough money?"
Tie the pieces and pipe (you can use coat hanger) up so they don't get hooked on something and you'll be fine as far as the car is concerned. The risk would be a ticket for your car being too loud.
Also if you or someone you know is at all handy you can install a good used cat with band clamps if you cut the replacement off with a bit of pipe. Galvanized versions are available that cost about a tenth of the price of stainless units. Doesn't require anything but a hack saw and wrench. It would cost significantly less than $600. Some cats even bolt on.
posted by Mitheral at 7:08 AM on April 8, 2011
Tie the pieces and pipe (you can use coat hanger) up so they don't get hooked on something and you'll be fine as far as the car is concerned. The risk would be a ticket for your car being too loud.
Also if you or someone you know is at all handy you can install a good used cat with band clamps if you cut the replacement off with a bit of pipe. Galvanized versions are available that cost about a tenth of the price of stainless units. Doesn't require anything but a hack saw and wrench. It would cost significantly less than $600. Some cats even bolt on.
posted by Mitheral at 7:08 AM on April 8, 2011
You're in Indiana? Then you're probably screwed. Indiana law says that if you're suing a governmental entity and are even 1% at fault, you get nothing. This is a really easy bar for the government to meet.
This is actually pretty common. A lot of states maintain contributory negligence in cases where the government is involved.
MeMail me with more details, if you like.
IAAL, but IANYL.
posted by valkyryn at 7:25 AM on April 8, 2011
This is actually pretty common. A lot of states maintain contributory negligence in cases where the government is involved.
MeMail me with more details, if you like.
IAAL, but IANYL.
posted by valkyryn at 7:25 AM on April 8, 2011
This happened to me and two other cars one night due to a pothole in what we all thought was after the construction zone. We all got flats and I had a bent rim. I was told that since it was a construction area and that there was a barrier there but it was previously hit and thrown way over to the side. Since the city had no control over that, I wouldn't have a case. I was also told that it would be near impossible to get any reimbursement due to some sort of law clause (?).
I was mad but in reality, I was only out about $150 or so.
posted by KogeLiz at 7:37 AM on April 8, 2011
I was mad but in reality, I was only out about $150 or so.
posted by KogeLiz at 7:37 AM on April 8, 2011
Response by poster: Mitheral: Where would I even go about finding used CCs? I could do it myself but all the scrap yards around here have the CCs cut off before they even get there, at least the few that I've been to. They don't even list them on their part-price sheets. Makes sense because they're such easy money.
Valkyryn: So much for that then. I guess I could still try to go after the construction company.
posted by symbollocks at 7:39 AM on April 8, 2011
Valkyryn: So much for that then. I guess I could still try to go after the construction company.
posted by symbollocks at 7:39 AM on April 8, 2011
If you have any intention of actually trying to get someone else to pay for this, you NEED to go out right now and photograph the scene and document as much as you can before it changes. Once they "fix" this bump, it'll just be your word against their's that there was ever a bump there that was dangerous.
posted by pwb503 at 7:39 AM on April 8, 2011
posted by pwb503 at 7:39 AM on April 8, 2011
I guess I could still try to go after the construction company.
Assuming there is one. A lot of these projects are actually conducted by state/local government employees. Repaving in particular tends to be the province of the Department of Public Works.
I think the good citizen thing to do would be to call the DPW and tell them about the unsafe conditions. It may be that some underling failed to do a good job, and they may appreciate hearing about it, particularly if you aren't confrontational.
posted by valkyryn at 7:53 AM on April 8, 2011
Assuming there is one. A lot of these projects are actually conducted by state/local government employees. Repaving in particular tends to be the province of the Department of Public Works.
I think the good citizen thing to do would be to call the DPW and tell them about the unsafe conditions. It may be that some underling failed to do a good job, and they may appreciate hearing about it, particularly if you aren't confrontational.
posted by valkyryn at 7:53 AM on April 8, 2011
Where would I even go about finding used CCs?
A local, non-dealership mechanic. Ask if they use used/rebuilt parts. A lot of them will.
posted by valkyryn at 7:54 AM on April 8, 2011 [1 favorite]
A local, non-dealership mechanic. Ask if they use used/rebuilt parts. A lot of them will.
posted by valkyryn at 7:54 AM on April 8, 2011 [1 favorite]
Even if they have contributory negligence and you would likely lose in court, I would document everything and ask them to compensate you. If they won't, go to the local news and I bet they'd eat up a story about shoddy construction damaging people's cars/dangerous road conditions, etc.
I would get out there and photograph the scene and your car ASAP.
posted by elpea at 1:55 PM on April 8, 2011
I would get out there and photograph the scene and your car ASAP.
posted by elpea at 1:55 PM on April 8, 2011
symbollocks i writes "Where would I even go about finding used CCs? I could do it myself but all the scrap yards around here have the CCs cut off before they even get there, at least the few that I've been to. They don't even list them on their part-price sheets. Makes sense because they're such easy money."
I would have said junk yards however universal style replacements aren't all that much money. Summit for example has them from $56 or $64 with shipping included.
posted by Mitheral at 2:07 AM on April 9, 2011
I would have said junk yards however universal style replacements aren't all that much money. Summit for example has them from $56 or $64 with shipping included.
posted by Mitheral at 2:07 AM on April 9, 2011
Even if they have contributory negligence and you would likely lose in court, I would document everything and ask them to compensate you.
I'm representing an Indiana county in small claims court on Wednesday. When a municipality gets a claim like this, they turn it over to their insurance carrier, who is likely to conclude that it's cheaper to deny and fight than it is to pay. Which happens to be true in most cases.
posted by valkyryn at 8:30 PM on April 10, 2011
I'm representing an Indiana county in small claims court on Wednesday. When a municipality gets a claim like this, they turn it over to their insurance carrier, who is likely to conclude that it's cheaper to deny and fight than it is to pay. Which happens to be true in most cases.
posted by valkyryn at 8:30 PM on April 10, 2011
This thread is closed to new comments.
posted by Aizkolari at 6:58 AM on April 8, 2011