(Closed) Car was damaged by a construction sign. Ask state/construction co. to pay?

posted 8 years ago in Legal
  • poll: How should I pay for the damage?
    Leave it, more damage will happen eventually. : (0 votes)
    You could try to contact the state, but I doubt you'll have any luck. : (2 votes)
    14 %
    You could try to go after the construction company, but you'll have no luck with them either. : (4 votes)
    29 %
    Have insurance pay for it. : (8 votes)
    57 %
  • Post # 3
    Member
    7431 posts
    Busy Beekeeper
    • Wedding: October 2009

    I know the law here in MD, and you wouldn’t be able to.  But, since it flew into your car and you didn’t run it over, you could collect under comprehensive coverage – which you probably have if you have a newer car

    Post # 4
    Member
    344 posts
    Helper bee
    • Wedding: December 1969

    Darn, you didn’t happen to catch the license plate of that car did you? I think the best route is to claim from your insurance. Though, your premium will increase and you will probably only get the cost above your deductible.

    Post # 5
    Member
    2867 posts
    Sugar bee

    Insurance should pay for it, if the State won’t.  I was following somebody and a rock came from their tire and hit my windshield.  Insurance covered it.

    Post # 6
    Member
    4480 posts
    Honey bee
    • Wedding: March 2010 - Calamigos Ranch

    This is not legal advice and I’m not a lawyer. 🙂 But I think your best bet, and the person who is most likely responsible, is the person who ran over the sign, not the state. If there was something wrong with the placement of the sign, maybe then you could go after the construction company. I can’t imagine that the state would be responsible for this. But call your insurance company and ask them what they think, if you want to file a claim against someone.

    Post # 7
    Member
    13096 posts
    Honey Beekeeper
    • Wedding: July 2010

    That sign was (in this instance) really no different than any other debris on the roads (like rocks, nails, trash, etc).  I had 3 punctured tires in 10 months while I lived in LA – all due to nails on the roads.

    No one but you or your insurance will pay to fix your car.  You just need to determine (based on the estimated repair cost, your deductable, increases to your premium, etc) if you want to:

    A. Make a claim and have insurance pay anything over your deductable.
    B. Pay out of pocket entirely to fix it yourself and make no claim to insurance.
    C. Leave the gash as is.

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