SLO RDE

Hey,I took my car out this afternoon to run some errands. I was going around this corner and all of a sudden I came into a piece of the road where the public works department had stripped the pavement off the road.So I ran into a six inch drop off then plowed into a manhole lid that was of course six inches high.Thank God I was only doing 30mph at the time Some of you might remember I just rebuilt my front end this spring.My steering wheel just jerked out of my grip when I hit the drop off and I thought to myself I just lost my alignment and would have to shell out another 80 bucks to straighten it out again.On the way home I knew there was more damage done under the car. I jacked the car up when I got home and on the drivers side the whole cross-member is split in two along the seam on the bottom. Now let me explain first off This spring when I took the front control arms out I noticed the cross member had been repaired before on the back side where the lower control arm shaft mounts to the cross member.I'm no welder but it looked like a good repair and I just left it alone.I think that part came loose first today then the front of the cross-member peeled open like 8 inches across.I really don't think this would have happen if the backside wasn't repaired once before.My insurance company is coming out tomorrow to look at it They seemed allright with the claim on the phone.Do you think they will give me a hard time about the previos repair? After the repair is made again should I sell this car? I always thought any frame work is bad frame work and stay away from those cars that need it.Besides this is the second problem with the cross-member.Should this be a repair or replace job for the body shop? I love this hobby a lot but I can only bang my head on the wall so many times.Every time I spend all my money on this car to get it running right something else comes up Sometimes I just feel wierd for spending so much time and money on a carJust to be called the "Corvette Guy".Is it worth it? let me Know your advice and opinions Please. Thanks, Dale :cry :mad

zwede

I would think the city would be responsible for the repair of the damages? Take plenty of pictures of the car and the stretch of road. Send them to the city.

Alwyn678

:iagree:

SLO RDE

No that won't work, I called them and they said too bad there was signs posted then the conversation went ugly.

killain

Well the city does as all cities do, pass the buck. But you can make the repair, or a very good frame shop can make the repair and the car can be just as strong as before. Pick a shop carefully though. you want someone who is QUALIFIED to do heavy frame repairs ( Like a truck body shop or a heavy work auto body and frame shop) Good luck and I am sure you don't mind being called the 'Corvette Guy' and you should enjoy the fruits of your labors = Fix and enjoy your corvette, it was an accident! :yesnod:

ddecart

Go back asap and take pics of everything. The signs, the dropoff, the manhole cover. I think they'd only be covered to an extent with the signs. They still need to make sure the conditions are reasonable or they should close the road. Just mho.

stpman

:iagree:

If you press them hard enough they will take you serious.

Steve :steering:


[Modified by stpman, 11:00 AM 6/20/2003]

Alwyn678

Time to get a GOOD LAWYER..Don't let this go :nono:

Garys81

take pictures, go online and research the spec's for roadway construction. Here in Delaware they must protect drop off's and any raised MH lids. Find out who the contractor is that is doing the work for the city or state. If it is the maintenance forces from the city/state note that too. Usually they contract out road repairs. If you need a hand let me know I'll research their spec for you.

Call your local rep...here in Delaware DOT cowers at the sound of the phone ringing.

My email GMascelli@comcast.net

VegasJen

i agree with everybody else. don't let this issue just drop just because some pissant city employee decided to cop 'tude with you. if you fight and loose, at least you fought. of course, i say that with a caviat. see what your insurance has to say first. you pay alot of money every year. it's not unreasonable that you should be able to make a small 'withdrawl' against that without some penalty (raising rates). i had a small accident a few years back on an icy road. i just barely grazed the steel bumper of a pick up truck with my T/A. didn't even do any body damage, just tweaked the bumper. called my insurance and told them what happened and was up front that i don't expect to get 'dinged' with a higher rate for a $150 claim (only did it because there was a police report filed), sure enough, geico wrote the guy a check, my rates stayed the same and nothing else has come of it. if the damage is substantial (and what frame damage isn't?) get advise from an attorney. see if there is any legal avenue and take it.
don't give up on the hobby just because you have some bad luck now and again.
:cheers:

Down8

I don't know how the law differs state-to-state, but here in CA, you will get jack from the city. If they have signs posted, you're screwed. Here's a question that my law professor put on one of our tests:

If you own a tall building, and put up a sign reading "Watch for Falling Glass", b/c you are working on one of the upper floors, and someone gets killed by a piece of falling glass, are you liable?

The answer: no. (I got this one wrong, so I remember it well.)

The only time a sign won't save your butt: when dealing with large bodies of water (like a swimming pool), or with exotic animals (like a boa contrictor; also a domesticated animal that is known to bite), or when the plaintiff can prove that you were extra careless in your posting of the sign (like it was in another language).

I so feel for your loss, but I doubt you'll get anything from the city. Go thru insurance, and let them 'fight city hall'.

Good luck,
-bZj

69Myway

Hey Slo Rde,

Here is my .02...and bear in mind I am a licensed auto insurance adjuster and legal claim specialist...been doing it for 10 years.

Most cities have a basic immunity from this stuff. Here is how they do it. Unless they have had constructive notice of an unsafe condition...and FAILED to correct it, there is NO liability. The trick is, to gain access to their records to find out if anybody else filed the same type of claim (sign, or no sign). The problem is, they are the custodian of the records. So, unless you sue them and subpoena the records, you may never know if they have had notice and then failed to make efforts to correct it.

Now, depending on the final cost of your claim, your insurance company will hire a lawyer and pursue the city or construction company on your and their behalf after you claim has been paid and closed. If they are succesful, you get your deductible back.

The problem with that is most companies won't bother to spend the extra bucks of the atty, etc, unless the value of the overall claim exceeds a certain amount...usually $1,000 or $1,500 or so.

Believe me, your insurance company is in a far better position to pursue the city than you are as an individual, and chances are they have done it before. Even better, they may insure other cars that got caught on the same man hole cover.

I was once succesfull with a major collection effor against Jacksonville over pot holes. They denied the claim (engine damage from falling in a pot hole), several time. I canvased the neighborhood and took statements from the residents who told me when, and how often they had made complaints to the city to fix the problem. I then obtained sworn statements from them.

This provided proof they had been on notice well before the claim I was attempting to collect on....Badda Bing, Badda Boom......they cut the check to avoid litigation.

Good luck!

drnerve

:iagree: I just got a letter from my municipality explaining that if a water main breaks, and causes damage to your property, there is no recourse unless you van prove they knew of a bad situation for and extended period of time without fixing it! LOL, you're screewed by the big wheel! :mad