by Guest » Sun Aug 12, 2007 07:56 am
Hello. My parked car has been recently flooded on a public street due to a clogged sewer full of mud and dirt due to construction on a park next to it. I contacted my insurance company and filed a claim. I have comprehensive with $1000 deduc. My question is, if my car is declared totaled, do you guys think i can get the $1000 that i paid for the deductible from the city due to their negligence? Also, would the insurance company pay me for my modifications to the car such as after-market added navigational/dvd system, sound system etc. Thank you.
Posted: Sun Aug 12, 2007 03:18 pm Post Subject:
I doubt very much that you'd be able to collect from the city. "Res ipsa loquitur" (The King can do no wrong) is a phrase that still exists today. Basically it means you cannot file suit against the government. However, for the most part, it is ignored (I believe once a entity allows it's people to file at least one suit, they open themselves to all others). But this would still be a question to negligence. Did the city know of this problem? Did they have constructive notice? Probably not as it sounds like the drain became clogged just during the bad storm at the time your car was flooded. If this is the case, the city was not negligent. They did not do anything wrong as their was no way for them to prevent that drain from becoming clogged at the time.
As far as coverage for after-market parts, that all depends on your insurance policy. Some policies will exclude after-market parts even if they are installed. Some (very few) will provide coverage. You simply need to read your policy. It will be listed under "Damage to your Covered Auto", under the exclusion portion of that second (toward the end).
Posted: Mon Aug 13, 2007 07:34 am Post Subject: Thanks for joining..
Hi...Yeah, I'd also agree that its a toilsome job filing a case against the authorities...especially cases which may project their negligence in some way or the other...
Just wanted to make sure that these 'navigational/dvd system & sound system' were already in place in your car before the mishap occurred!
Thanks for explaining the incident to us, Fatman.
Posted: Mon Aug 13, 2007 08:13 am Post Subject: your place???
Hi dennis27!
I'd just like to enquire about the place that you belong to....since this is the only way the community here would be able to identify the rules which specifically apply to the region you're in & the authorities!
Regards, BozoHarmicks
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