I was driving down a residential/ business road and pulled over to drive in the shoulder to turn into a driveway. There was a large pile of gravel left on the shoulder of the road. There were no signs or cones so I did not see it. I drove right through the pile and it caused $4000 of damage to my car. I reported it to my insurance company but they determined it was my fault since the pile was on the shoulder and not in the way of traffic. I believe that there should have been a sign or cones to indicate there was something there, but there wasn't. Does anyone know the laws that construction companies need to follow for anything in the street?
Maybe . . . contact a personal injury attorney about the situation -- because there is not a great deal of money at stake, you may have to pay for hourly work . . . which may be cost prohibitive for you.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
You were looking forward and didn't see the gravel pile that you yourself describe as "large?" How fast were you going? Too fast to control driving through a LARGE pile if gravel? Sounds like an uphill battle to me. It's not like a dart out by a child or a deer. The pile was just sitting there and it sounds like you were traveling too fast and/or yoi weren't paying proper attention.
**This response is provided solely for general info amd is not intended as legal advice. Gather your documents, info, and set up an appointment with an attorney for more detailed analysis and recommendations.
You do not have collision coverage? If you do, your insurance company should pay for the repairs, minus your deductible. See a bad faith lawyer.
I do not like your case against the construction company due to a *very* large measure of comparative fault. OTOH, since it's a small claims case, feel free to take your best shot.
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Maybe do a quick Google search to see if there is a vehicle code that covers this.
Call the construction company and see if they will reimburse your deductible, presuming you went through your carrier. If they don't want to pay to repair your car go to Small Claims.
It is possible, but there is a large contributory negligence argument for the construction company. The most cost effective option would be bringing a small claims action for up to $10,000. The fee is generally around $100, but can be waived if you have a low income and qualify. No attorneys are involved. Your local courthouse likely has a small claims advisor or legal service that can help you fill out the paperwork.
I think you should be more focused on why your insurance company denied this claim. If you have comprehensive and Collision coverage, that kind of coverage is available to Cover you if you get in an accident if it is your fault. Can you provide some more information on why this accident was not covered?
You may have a claim against the construction company. However, there are many factors involved. Anything pictures of the site? The question is did the construction company breach of duty of care? Did they have the proper license for instance to store gravel on a public highway if it was a public highway? Did you file a report with the police, and he sought medical attention for any injuries, were there any special circumstances that require you to go into the left shoulder? Your best bet is to hire an attorney and research the regulations and laws regarding construction material on public highways. Remember, laws vary from jurisdiction to jurisdiction. I agree with all the previous answers.
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