Please help!!! How do I get my claim paid???

by Frekals » Sat Jan 08, 2011 09:17 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 (mandatory mediation is required in our justice courts).

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!!

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