Post # 1
While driving to work the other morning, the car in front of me ran over one of those small, square 45m/hr signs that are usually posted in construction zones (this was in a construction zone of the highway). Well, the sign whipped out from underneath their tire and flew at my car, leaving a pretty decent gash in the front bumper of my like new car. I am pretty pissed as there was nothing I could do to dodge it, and now my car has this gash in the front that looks horrible. Would I be able to make the state or the construction company pay for the damage? I wasn’t injured, so I have no interest in collecting anything other than the price to repair my car. Has anyone done this or had a similar problem?
Post # 3
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
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
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
- 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
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.
Post # 8
I really don’t want to leave it the way it is, it looks so horrible. I think I will just contact my insurance.
@Mrs.KMM: you’re right, it isn’t any different than regular debris on the road, it’s just frusturating. Like what the hell was the sign doing in the middle of the road?! lol…grrrrr!!!