suggestions?

[Running_on_Wheel]

this is my situation and i was wondering if anyone had any suggestions as to what i should do now (including lick your wounds and get over it)

following is the letter i wrote to the department of transportation:

XXXXXX, Resident Engineer, I am writing you on the suggestion of Captain XXXX of the Sheriff’s department about my unfortunate encounter on Greenbank Road on Monday, October 11, 2004.
On the afternoon of October 11th, at approximately 5:20 pm, I left XXXX traveling on Greenbank road. As I drove down the road, I passed a Loose Gravel sign and thought little of it, not realizing that this sign would incorrectly notify me of eminent danger. All of a sudden I noticed a ravine in the road that spanned the entire length of the road providing me no opportunity to avoid it. As I hit the ravine, my 1998 VW Beetle ‘bottomed out’ and was accompanied by a loud noise. I pulled off the road and looked under the engine compartment -- sure enough oil was coming out of my oil pan. I had my vehicle towed to the XXXX auto repair facility on XXXX and then returned to the site of the incident to take pictures of the scene. Upon arriving back I noticed that there were several flares set up and met Captain XXXX of the Stafford County Sheriffs department who had phoned in the incident, set the flares up, covered my oil leak with sand and had found a chunk of my oil pan. He then phoned in my information to add to the incident report that he filed (my name, vehicle and license plate). He gave me the name of a contact at the local VDOT, XXXXX, and told me that I should contact him. I thanked Captain XXXXX, took several pictures and retrieved the piece of my old oil pan.

The following morning, I called VDOT and left a message on XXXX’ voice mail, stating my situation and options on ‘getting back’ to me. After XXXX replaced the oil pan, I drove the VW Beetle but soon I noticed a generous amount of white smoke following my car as well as several other strange feelings/noises. I returned the vehicle to XXXX.

On the morning of October 13th, XXXX informed me that their expertise with diesel motors was limited and that my car would be best serviced by the VW dealership. I then had the vehicle towed to the VW dealership.

This morning, October 14th, I received a fax from XXXXX. I am requesting reimbursement for the cost of repairs necessitated by the road hazard.

they intern wrote back to me stating that there was nothing VDOT could do for me but if i wished to persue this further i could sue the state of VA but considering that this is a commonwealth they have soverign powers over its citizens and were not under any means obligated to compensate me in any fashion.

personally i think it stinks

[BIG JOHN]

Sorry but I dont think you have a leg to stand on, they will probably say that you were not paying attention to thier sign & were driving at an unsafe speed as per road conditions. I would maybe see if your car insurance will cover it. Good luck. BJ

[SuperSparks]

Well, personally, I'm not sure that there isn't a case, at least on the face of it. To me, loose gravel is not the same as a ravine or large hole in the road. The way I see it, loose gravel means that I leave more distance between me and the vehicle in front, so that I don't get my windscreen chipped, and I have more room to brake on the loose surface. I wouldn't be expecting a ravine either.

But we have to ask, how fast were you driving RoW?

[Nix]

Originally posted by Running_on_Wheel
I passed a Loose Gravel sign and thought little of it,

If it went to court, they will use this against you. eg

I put it to you that you were not paying attention to the road conditions. In your own words, you "thought little of it" when presented with a warning sign, a sign that indicated conditions ahead were not normal. A sign that should have raised alarms about possible dangerous conditions ahead. A sign that if heeded would have meant you would have slowed down and been more prepared to stop suddenly.

They'll turn it around on you to make it look like you're the one at fault even if you are not.

I went to court over an accident I had and part of the conversation went like this

Prosecutor: How often do you travel along this road ?

Nix: Every day.

P: So you would consider that you are familar with it ?

Nix: Yes

P: Familar with the businesses along that stretch ?

Nix: Yes

P: Familar with the speed limit and road markings ?

Nix: Yes (feel confident).

P: I put it to you that because of this familiarity you were not paying attention.

Nix: (what the f*%& ?) No.

P: I put it to you that because of this familiarity, you think you know what goes on in street.

Nix: (what's happening here ?) No.

P: I put it to you that because of this familarity, you had little regard for what was going on around you and drove recklessly.

Nix: No.

P: I put it to you that you drove recklessly and illegally attempted to overtake a turning vehicle.

Nix: (help me this can't be happening) No.

P: I put it to you......

Nix: No.

P: You.... You...

Nix: (Arrgrggggr).

I ended up being charge with contributory negligence and had to pay a fine plus court costs.

The landscape gardener I ran into tried to claim lost money for his time attending court, but thankfully the judge told his solicitor that with day light saving in place and it only being 11.00am he still had a good 7 - 8 hours in which to work and make some money and that I had suffered enough with the loss of my vehicle (written off), fine and court costs.

Originally posted by Running_on_Wheel
All of a sudden I noticed a ravine in the road that spanned the entire length of the road

Do you mean width ?

My younger sister was driving my fathers car when she hit a boulder in the middle of the road where some roadworks were being done. She span out of control damaging front, side and blowing 3 tyres.

At 18 years old it scared the cr@* out of her as well.

Upon contacting the Roads and Traffic Authority, my father was told he would need to deal with the contractors doing the work.

The contractors told him that unless he could prove the boulder was left behind by them or had fallen off one of their trucks there was nothing they could do.

He ended up going through his insurance company and had to pay his full excess etc.

I wouldn't hold your breath.

[techallenged]

Hi,

Surely if the ravine was wide enough and deep enough to cause that type of damage to a car, then surely the road should have been closed or at the very least have a warning sign appropriate to the road conditions?

Tech

PS, not being familiar with state or commonwealth US laws, it does seem to stink if you have no recourse to the damage caused through what would seem negligent action by someone else.

[jmtjet]

covered my oil leak with sand and had found a chunk of my oil pan.

You're lucky the EPA and your state Environmental Protection Agency didn't come down on you for clean up costs. They would in NY State. Sometimes it's best to leave things alone lest one opens a can of worms.

[Running_on_Wheel]

Originally posted by SuperSparks
how fast were you driving RoW?

i was following a dump truck so i couldnt have been going any more than 25mph

i can get a witness as to my speed as well as the dump truck drivers

[Running_on_Wheel]

Originally posted by BIG JOHN
I would maybe see if your car insurance will cover it. Good luck. BJ

liability only

lesson learned

[Running_on_Wheel]

anyone know of any legal message boards?

maybe some consumer advocay (<--- sp?) groups

just trying to get as many options as possible without hitting the lawyer scene



thanks for your replies guys! proly gonna chuck this up to a 8,000 dollar lesson

[Steve R Jones]

"All of a sudden I noticed a ravine in the road that spanned the entire length of the road providing me no opportunity to avoid it."

Did you mean "entire Width" of the road?

Call your insurance agent and get free advice from him or her.

Go take pictures of the spot!!!!

I've written the City of Dallas a couple times about dangerous road situations. I mention the word(s) Death & Killed...They usually respond the same week....

Having worked indirectly in the insurance business-> Having/knowing about a problem is one thing-> Having it written on paper is another.

Again->Call your insurance agent and get free advice from him or her.

[jerryctx]

I've written the City of Dallas a couple times about dangerous road situations. I mention the word(s) Death & Killed...They usually respond the same week....

It is my understanding that once notified of a hazard, the city becomes liable for damages. Not sure where I heard that or to whom it applies (city, county, state, ...)

[Running_on_Wheel]

Originally posted by jerryctx
It is my understanding that once notified of a hazard, the city becomes liable for damages. Not sure where I heard that or to whom it applies (city, county, state, ...)

the bolded part is the part that worries me ... maybe im just the lamb in this situation


Steve - yea i immediately purchased a disposable camera and returned to take pictures

you are correct about width

[Steve R Jones]

Cities/States/Federal Govs are responsible for the proper maintenance of streets/roadways. bla bla bla.

Generally speaking, they must make a "reasonable attempt" in a "timely manner” to fix things…..bla bla bla

Go through your phone book and call a few attorneys. Most will listen to your story for free to see if you have a case or not…

[bistro]

I would definitely take SRJ's advice and check into it, but I too am a Virginia boy and if it comes down to suing the State of Virginia....forgiddabowdit. #1: You've already written the letter, so they have that on file (probably...you may have lucked out and some clerk threw it away). #2: The onus is always on you...the cops probably won't support you on this...not if they want to keep their jobs. Unfortunate, but that's just the way it is.


Apply now for membership to The Bistro Optimist Club for only $15 a year....

[Ridgerunr]

Did you get a pic of that 'loose gravel' sign? That,in itself,would seem to me to be a construction co. screwup. Sounds like the workers either didn't have the proper warning sign,or were lazy and just grabbed one from the truck without caring about the actual danger involved...