so i hit a hole in my FD...a big one
09-07-07, 09:55 PM
#1
so i hit a hole in my FD...a big one
i was driving across a plaza's parking lot, i see some construction equipment and i was only going about 10mph and then out of nowhere my car drops down into a hole, and then out the other side and the backend drops down and stuff got messed up. and there is no signs or postings ANYWHERE around this hole the plastic under the car for the brake coolers got ripped right off... my suspension is clunking around, front bumper is hanging loose and my Fluidyne has a slight dent in the fins that lines up pretty well with whatever lines those are running back an for through the front end...
so i didnt know if i needed a police report for the insurance company, so i called the cops, and they said its private property they cant do anything about it.
so tomorrow im calling my insurance agency and seeing what i have to do.
im probably going to get an attourny or lawyer if it comes down to it, because my car got screwed up and it makes funny noises at the suspension points, such as clunking. im pretty ticked, but maybe my lawyer can get me some extra **** outa this... never know
ill post pics tomorrow when its daylight out
so i didnt know if i needed a police report for the insurance company, so i called the cops, and they said its private property they cant do anything about it.
so tomorrow im calling my insurance agency and seeing what i have to do.
im probably going to get an attourny or lawyer if it comes down to it, because my car got screwed up and it makes funny noises at the suspension points, such as clunking. im pretty ticked, but maybe my lawyer can get me some extra **** outa this... never know
ill post pics tomorrow when its daylight out
09-07-07, 10:34 PM
#3
Warming the planet.
No, you weren't paying attention and drove your car into a hole. Not every thing in this world is someone else's fault.
Explain what the police told you to your insurance and they will cover it, if you have the coverage.
Paul
Explain what the police told you to your insurance and they will cover it, if you have the coverage.
Paul
09-08-07, 12:44 AM
#5
Being on private property I doubt there is anything in law that states it must be marked. Your best bet is to file a claim with insurance assuming you have full coverage. If they think you have a case against the owner of the property they will go after the properties insurance provider.
09-08-07, 12:47 AM
#6
see thats kinda what im hoping for but i know with my friends insurance he had the option to hire his own lawyer or he could sue using the insurance company, ill have to call my insurance agent monday and see what i can do about this shitty situation... as of now i get to rip pieces from my car
09-08-07, 01:40 AM
#7
Turd Ferguson
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[QUOTE=Tom93R1;7312890]Being on private property I doubt there is anything in law that states it must be marked. QUOTE]
are you freaking kidding me!?! that's why when people mop floors they don't do it until they have the signs up.
Your insurance should not be held responsible (which ultimately means you are held responsible due to insurance rates). Go to the parking lot. Take a camera and take pictures. Then you find out who is the leasing company for the retail outlet area and file a claim against them. If the hole is not marked and damaged your property, THEY ARE LIABLE!
are you freaking kidding me!?! that's why when people mop floors they don't do it until they have the signs up.
Your insurance should not be held responsible (which ultimately means you are held responsible due to insurance rates). Go to the parking lot. Take a camera and take pictures. Then you find out who is the leasing company for the retail outlet area and file a claim against them. If the hole is not marked and damaged your property, THEY ARE LIABLE!
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09-08-07, 02:01 AM
#8
Huh?
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[quote=grimple1;7312968]
Agreed.
If that hole will damage the average taurus, then you have a case. If not, they will argue that lowering your car caused it to be more vulnerable to potholes and such.....
I had a similar issue on a public road. Friggin pothole bent my rim, but they wouldn't even consider paying for it after they found out the car had been lowered. If I had pressed things, and gotten a lawyer, I may have recieved something for the rim. It just wasnt worth it because it was an escort, and the rim was stock....
I guess its a little different in your case though.
Being on private property I doubt there is anything in law that states it must be marked. QUOTE]
are you freaking kidding me!?! that's why when people mop floors they don't do it until they have the signs up.
Your insurance should not be held responsible (which ultimately means you are held responsible due to insurance rates). Go to the parking lot. Take a camera and take pictures. Then you find out who is the leasing company for the retail outlet area and file a claim against them. If the hole is not marked and damaged your property, THEY ARE LIABLE!
are you freaking kidding me!?! that's why when people mop floors they don't do it until they have the signs up.
Your insurance should not be held responsible (which ultimately means you are held responsible due to insurance rates). Go to the parking lot. Take a camera and take pictures. Then you find out who is the leasing company for the retail outlet area and file a claim against them. If the hole is not marked and damaged your property, THEY ARE LIABLE!
Agreed.
If that hole will damage the average taurus, then you have a case. If not, they will argue that lowering your car caused it to be more vulnerable to potholes and such.....
I had a similar issue on a public road. Friggin pothole bent my rim, but they wouldn't even consider paying for it after they found out the car had been lowered. If I had pressed things, and gotten a lawyer, I may have recieved something for the rim. It just wasnt worth it because it was an escort, and the rim was stock....
I guess its a little different in your case though.
09-08-07, 02:20 AM
#9
Great Scott!
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I had a similar thing happen to me: While driving around a barricade truck dropped one of the barricades and it bent my rim... I went after the city but they said they don't use barricades in construction so I must be lieing... Obviously thats bullshit but I was 16 at the time and had no money so I just added them to my "When I'm rich I will smear their name all over the ******* place and laugh at their misfortune" list
09-08-07, 02:42 AM
#10
Turd Ferguson
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yeah, it's would be MUCH harder if this occured on public property. there are a lot more laws protecting public institutions against public grievances/lawsuits. this should be easier as it was on private property...but you gotta get proof of the hole and the lack of signage or they'll have it roped off and signs out the wazoo and then you're in a tighter spot..
09-08-07, 02:52 AM
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yeah, it's would be MUCH harder if this occured on public property. there are a lot more laws protecting public institutions against public grievances/lawsuits. this should be easier as it was on private property...but you gotta get proof of the hole and the lack of signage or they'll have it roped off and signs out the wazoo and then you're in a tighter spot..
The camera is your best friend in this case. Make sure you get pics before you file a complaint!!
Good luck dude!
09-08-07, 11:33 AM
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Man thats shitty luck
I dont know how the law operates in America but would assume it is the same as in Ireland...Over here you would win your case. As the party that ownes/leases the property you were on owes you "a duty of care" with regard to your property and safety...
Even if you were tresspassing you are still owed this duty of care....so dont take any bullshit.
As others have said take pictures of the hole that caused the damage asap..also take pictures of the damage to your 7...and do not remove any parts until an assesor from either their insuranc company or yours looks at it to establish what damage has been done!!
Best of luck with this.
NB: You should google "duty of care" and read up on it so that no one can bullshit you!!
I dont know how the law operates in America but would assume it is the same as in Ireland...Over here you would win your case. As the party that ownes/leases the property you were on owes you "a duty of care" with regard to your property and safety...
Even if you were tresspassing you are still owed this duty of care....so dont take any bullshit.
As others have said take pictures of the hole that caused the damage asap..also take pictures of the damage to your 7...and do not remove any parts until an assesor from either their insuranc company or yours looks at it to establish what damage has been done!!
Best of luck with this.
NB: You should google "duty of care" and read up on it so that no one can bullshit you!!
09-08-07, 02:31 PM
#15
tthe first thing i did after wiggling my bumper around was take pics and kinda give reference to size. the lip on the asphalt was about 3 inches, and the bottom point of the hole was about 10 inches from the top of the hole, and maybe 6 feet wide and 3 feet across.. i got pics, lots of them
09-08-07, 04:05 PM
#16
Huh?
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09-09-07, 12:52 AM
#21
oh and you can see... no signs, ANYWHERE, law states that there must be some kind of caution tape/ sign/ or something warning you of the hole... very hard to see sitting back in my fd at night. lawyer said that if the guy who owned the property is smart he will just pay damages to avoid court conflict, because the lawyer said it would be no case, i already won
09-09-07, 02:56 AM
#24
Patience
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So, you were driving, obviously weren't paying attention because that is a huge ******* hole, and it messed up your car when you drove over it.
So how it is not your fault again, I missed that part....oh, because there wasn't a sign.
So now you are going to sue.
So who do I sue if I slide off the road in the snow? Mother Nature? The road crew for not de-icing it at 3am? God maybe?
****, in this day and age, I probably could sue God and actually win.
That does suck about the car though, but who was sitting in the driver's seat when it rolled in?
By the way, how fast were you going? That's a good amount of drop, but at 5mph (what you should be doing in a parking lot) I just can't see how it did that much damage.
Now at 30+mph, that would make sense.
So how it is not your fault again, I missed that part....oh, because there wasn't a sign.
So now you are going to sue.
So who do I sue if I slide off the road in the snow? Mother Nature? The road crew for not de-icing it at 3am? God maybe?
****, in this day and age, I probably could sue God and actually win.
That does suck about the car though, but who was sitting in the driver's seat when it rolled in?
By the way, how fast were you going? That's a good amount of drop, but at 5mph (what you should be doing in a parking lot) I just can't see how it did that much damage.
Now at 30+mph, that would make sense.
09-09-07, 03:04 AM
#25
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I was driving one late night and all of sudden BAM. I hit a giant pothole. I mean it was like 3 feet wide and a little less than 1ft. deep an the at the deepest point. My front left tire was busted. The road was poorly lit and there weren't any cones. I was so pissed. To make thing worse, it was freezing out while I changed to the donut.
It was a crappy city, so I knew it would be a pain in the *** to try to get money from them for the damage tire.
Like 5min later some BMW hit the same pothole. His airbags deployed. It must've really sucked for him.
It's suck a crock of **** that we pay for excise tax (in MA) and state tax and they can't even keep the roads up to par. On top of that, when something happens to our cars because of the crappy roads, it's almost impossible to get them to pay for damages.
It was a crappy city, so I knew it would be a pain in the *** to try to get money from them for the damage tire.
Like 5min later some BMW hit the same pothole. His airbags deployed. It must've really sucked for him.
It's suck a crock of **** that we pay for excise tax (in MA) and state tax and they can't even keep the roads up to par. On top of that, when something happens to our cars because of the crappy roads, it's almost impossible to get them to pay for damages.