Really hot about this, just wondering if any of you know if I am just SOL, or if there is actually any legitimate recourse.. BRAND NEW CAR, less than ten days old.. Last night, driving in the area of 290 between Spring Cypress and Cypress Rosehill, where all that construction has been going on around the underpasses, etc. One of the SIGNS topples over from the side of the road, up on the curb, directly in front of my car. I was unable to avoid it completely, and ended up running over it. My brand new car now has a huge gouge in the body molding on the driver's side, below the door. My question is, since their sign was not secured, and directly caused damage to my car, am I able to make a claim against them for the damage? Or am I just out of luck on this? Thanks guys
Assuming it was wind that caused the sign to fall over, I suspect they will claim Act of God. In that case, you can file a claim with your insurance but you will be out the deductable.
Man....about a year ago a sign almost fell on me in downtown. Was walking and I just happen to look behind me. This sign that was weighted down with something on the sidewalk just started to topple over. Had to move quickly out of the way otherwise I would have spent a nice few days in the hospital.
Ultimately, this is a claim I believe the construction company can be held accountable for. I don't know if I would go through the hassle of trying to contact the construction company. If the sign was moving, as I understand it, if you have comprehensive coverage (which you should because it's new), you can file it under that part of your policy, pay your deductible and get the car fixed. Your insurance company should, given the circumstances, subrogate the claim against the construction company's self insured retention/general liability policy. If they're successful and get the money back you'd be reimbursed for your deductible. Subrogation reimbursements can take 6 months to a year though. Sorry dude. Might be an SOL situation.
You're pissed right? You deserve retribution. Skip the insurance pee-pee games and paper work. Find a Houston lawyer that advertises, one that may sound a little ridiculous when you see his ads (don't use a her), and give him full authority to sue whomever for as much as he possibly can. Be prepared to go to some physical therapy after work (free massage) and elaborate about how this incident really ****ed your life up. A new car, bam, trash car - just like that. I'm 100% serious. Go for their nuts. If the construction company has hired even 1 illegal immigrant in the past 10 years, let even 1 license lapse, or had even 1 case of this happening in the past you'll get a quick and generous settlement. That sign could have fallen on a baby. The top could have been down, the sign could have hit your wife's head and killed her. Find out who's responsible and burn em'. You're not SOL, they're SOL - but only if you act on this. Geico isn't gonna do ****, bro.
This does sound like your best bet. Discuss it with your insurance agent and put the ball in their court. Provide what info you can and they will do all they can to get someone else to pay. I once got a subrogation reimbursement check nearly a full year after the fact. I had totally forgotten about it (wife's car) and was afraid to cash it. My insurance agent laughed and said it was okay.
Talk to your insurance company and see what they say then possibly call your city council office and see if they can coordinate with the construction people that hold that contract for that stretch of road. At the very least, the city council district office will put you in contact with someone at 611 walker to help you navigate things. They might direct you to call 311 about this, in which case you would receive a service record # that they can use to track your request, but in a situation like this I doubt it. (I'm interning with a city councilman so I recently have found out how all this type of stuff works internally)
Wow, that is so powerful, I have to agree. I think Ziggy is completely right. Get one of the advertising attorneys and go for their balls.
That's BS. Not to hijack, but is it possible to sue the county for damages related to poor road quality (e.g. a giant pothole cracks your wheel)?
No clue. Not sure the lawyer would seek out the county. He'd seek out whichever entity makes sense to seek out. A construction company, a parent company, the company that makes the nails that hold the sign, the company that makes the signs. Someone was negligent. If someone would have died you really think the resolution would be, "whelp, cant sue the county, don't worry bro, you'll find another wife."
Hahaha, and then there's this advice. Yeah, if you're really pissed and you don't mind potentially exaggerating, this is also an option. One thing to keep in mind, if you file an insurance claim, that could depreciate your car's value now & in the future. People get that car fax later, they might say "well, see, we've had damage" and then low ball their offer to you...
It's a lease, so no worries there. It is just so frustrating and infuriating.. there is not a scratch on it, except for this stupid road sign which some worker never bothered to secure.
the lawsuit route could prevent something like that from happening in the future---put the workers on notice
