by Frekals » Sat Jan 08, 2011 09:21 pm
OK....here it is ....Smile
I hit an unmarked pot hole in a construction zone. It was filled with water. The pot hole was approx. 3 feet wide and very deep. My car bottom out in the front and back.
I made a claim with the county and they denied it saying "they did not know about it prior to my hitting it". I then went on the hunt for evidence. I have 100's of pages of documentation from the county. I have pieced it all together.
The county new of this pot hole and broken irrigation line under the road because the county had repaired the irrigation line and the pot hole 5 days before I hit it. Now, the county workers returned to check the hole and remove the barricades the next morning and the barricades had been moved by the contractor. The documents go on to say that the contractor was working at 9:20 AM on the day after the repair. At least 5 county workers saw the milling company working on the road and the road had been milled.
I also have three independent witnesses and written statements to confirm that construction workers were working and the pot hole was unprotected.
I also had a teleconference , arranged by the county dept of transportation, with the actual worker that arrived to the scene that morning and stated, in this recorded conversation, that the barricades had been moved by the contractor and the road had been milled. He went on to say that the pot hole had been re-opened by the heavy milling equipment. I have this in writing as well. He stated the hole should have been blocked off when I hit it.
I have all of this either in writing or on a recorded conversation. I have pictures of the pot hole.
The damage was approx. $1000.00 to my car.
There was a main contractor and a sub contractor for this road work. The county repaired the pot hole and the irrigation line. I made a claim with the main contractor but they denied it. I spoke to a few managers and at one point they "said" they tried calling the county to see if they would take partial blame because they did not feel they were totally to blame. They county would not take any blame ($450.00). UNBELIEVABLE!! They are all to blame and need to share in the responsibility if you ask me. I don't care who pays it but it needs to be paid. The was negligence on many levels. There are a millions hands in the pot when it comes to getting information from the county. I have spent hours putting this all together. I got them to admit partial fault yet because the county would not come to the table they wont send me anything????? How is that right???
Oh I forgot to mention, the contractors insurance said that the contractor said "they weren't there". I asked them if they supplied the logs to show where they were and the adjuster said they could not produce this document. HELLO ...that's because they were there!
I have now requested certificates of insurance for additional contractors and to the sub for the milling (they refused to give it to me when I called them).
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mediation is a requirement in our justice courts).
Is there anyway to approach the main contractors insurance again to get them to pay it? Can I send them a copy of the small claims suit papers and demand payment?
I have posted on some lawyer sites and they say my evidence is hearsay. I have called the small claims court and they say I can try to submit anything because it is up to the judge if he will allow it.
I have also heard from an adjuster that just to sue them because their insurance co. will just settle, which tcope you said as well, but after some research it appears they will most likely represent themselves since the claim is so small. They will most likely not submit it to their insurance because their deductible is most likely much higher than my claim.
Well, we will start there. I must go to bed. Smile I am torn with indecision. Any advice would be much appreciated.
Thank you!!
I hit an unmarked pot hole in a construction zone. It was filled with water. The pot hole was approx. 3 feet wide and very deep. My car bottom out in the front and back.
I made a claim with the county and they denied it saying "they did not know about it prior to my hitting it". I then went on the hunt for evidence. I have 100's of pages of documentation from the county. I have pieced it all together.
The county new of this pot hole and broken irrigation line under the road because the county had repaired the irrigation line and the pot hole 5 days before I hit it. Now, the county workers returned to check the hole and remove the barricades the next morning and the barricades had been moved by the contractor. The documents go on to say that the contractor was working at 9:20 AM on the day after the repair. At least 5 county workers saw the milling company working on the road and the road had been milled.
I also have three independent witnesses and written statements to confirm that construction workers were working and the pot hole was unprotected.
I also had a teleconference , arranged by the county dept of transportation, with the actual worker that arrived to the scene that morning and stated, in this recorded conversation, that the barricades had been moved by the contractor and the road had been milled. He went on to say that the pot hole had been re-opened by the heavy milling equipment. I have this in writing as well. He stated the hole should have been blocked off when I hit it.
I have all of this either in writing or on a recorded conversation. I have pictures of the pot hole.
The damage was approx. $1000.00 to my car.
There was a main contractor and a sub contractor for this road work. The county repaired the pot hole and the irrigation line. I made a claim with the main contractor but they denied it. I spoke to a few managers and at one point they "said" they tried calling the county to see if they would take partial blame because they did not feel they were totally to blame. They county would not take any blame ($450.00). UNBELIEVABLE!! They are all to blame and need to share in the responsibility if you ask me. I don't care who pays it but it needs to be paid. The was negligence on many levels. There are a millions hands in the pot when it comes to getting information from the county. I have spent hours putting this all together. I got them to admit partial fault yet because the county would not come to the table they wont send me anything????? How is that right???
Oh I forgot to mention, the contractors insurance said that the contractor said "they weren't there". I asked them if they supplied the logs to show where they were and the adjuster said they could not produce this document. HELLO ...that's because they were there!
I have now requested certificates of insurance for additional contractors and to the sub for the milling (they refused to give it to me when I called them).
So, at this point my options are:
- make claims to the sub contractors (all 3 of them left)
then if they deny to file suit
- file suit now against the contractors in small claims
- file suit against the contractors and the county in civil court (mediation is a requirement in our justice courts).
Is there anyway to approach the main contractors insurance again to get them to pay it? Can I send them a copy of the small claims suit papers and demand payment?
I have posted on some lawyer sites and they say my evidence is hearsay. I have called the small claims court and they say I can try to submit anything because it is up to the judge if he will allow it.
I have also heard from an adjuster that just to sue them because their insurance co. will just settle, which tcope you said as well, but after some research it appears they will most likely represent themselves since the claim is so small. They will most likely not submit it to their insurance because their deductible is most likely much higher than my claim.
Well, we will start there. I must go to bed. Smile I am torn with indecision. Any advice would be much appreciated.
Thank you!!
Posted: Sun Jan 30, 2011 09:48 am Post Subject:
sorry, but I don't think you'll find help on here. an insurance agent can not give legal advice, and that's what you really need.
Posted: Sun Jan 30, 2011 04:48 pm Post Subject:
I need advice from an insurance adjuster which is why I posted on this site.
Posted: Mon Jan 31, 2011 03:02 pm Post Subject:
It sounds as if you spoke to everyone involved and they deny any liability for whatever reason. There is no way to make them respond (pay your loss). The only recourse would seem to file suit. Now who to sue is your question.
Posted: Mon Jan 31, 2011 04:01 pm Post Subject:
I have only been denied from the county and the main contractor. The subcontractor was the one that is responsible but they had refused to give me their insurance information. Which is why I made a claim with the main construction company (as they are responsible for their subs). I went back to the county and requested a complete list of everyone who did any type of work on this project. I also asked for certificates of insurance for everyone as well. I now am either going to sue everyone or make a claim with the remaining contractors and then if they still refuse to pay then sue. What I am curious about is if I file a claim with all the others how do I get them to all come together to pay it as a whole (if one wont take all the heat which seems to be the trend)? Do I just tell them that I made a claim with everyone and they need to pay it together? Or, will that look bad and let them figure it out on their own?
Posted: Wed Feb 02, 2011 11:24 am Post Subject:
OMG! Are you still not satisfied with the answers you have been given repeatedly?
Same questions, time and time again. Nothing new. No new answers.
What is it that you really want?
Posted: Wed Feb 02, 2011 03:30 pm Post Subject:
STOP RESPONDING to my post MAX HERR.....you are useless and just aggravating! Other people have responded to my thread , that I posted a while back, so I am answering them NOT YOU !!!!! Get a life and for the love of god LEAVE ME ALONE!!!! :evil:
Posted: Wed Feb 02, 2011 08:53 pm Post Subject:
Get a life and for the love of god LEAVE ME ALONE!!!!
Get a life of your own and take your questions to a judge. That's the only venue where your claim, which has been denied by all possible responsible parties, will be adjudicated. You will not receive any different answers than you have already been given here.
The longer you fool around here or anywhere else other than small claims court, the more likely the 6-month statute of limitations on claims against the City/County will expire. Then you will have to sue yourself for being an idiot.
:roll:
Posted: Wed Feb 02, 2011 09:11 pm Post Subject:
You are the idiot!!!!!!! I have two years to sue NOT 6 months. Your intelligence is shining through again.
Posted: Fri Feb 04, 2011 02:25 pm Post Subject:
You may THINK you have two years to sue. But not when it comes to suing a city or county government. In nearly all states, such claims must be brought within 6 months. Since the government agency "owns" the roadway, that's who will have to be sued. If they lose the lawsuit, they turn around and seek to be indemnified by their contractor.
So, go ahead, wait your two years, and then come back and tell us your troubles.
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