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My car was damaged in a road construction area due to rocks hitting the car. I was shaken but not injured. Can I collect for damages and how much can I ask for?
If you were not injured, you generally can’t claim damages for injury, even if you were upset or nervous afterwards. This would likely be just a straightforward case of making a claim on your car insurance policy to repair the damages, or doing it out of pocket.
Unless you can prove that the company created a dangerous condition, and that you suffered significant injury, or your vehicle sustained large amounts of damage, you may be very limited, and up against resistance to pay.
In one instance, a woman encountered road work with no flag man available, no detours, and no other way to pass than to go under a conveyer belt, from which her vehicle was pelted with mud and small rocks. Her estimated car damage was under $500. The construction company turned down her claim. When she consulted with her car insurance company, they told her that other pre-existing, unrelated marks and dings would make it hard to prove the construction company was to blame, and they would not pay on it. Her attorney advised her it wasn’t worth taking the case, but she had the option of going to small claims court, to appear without an attorney and possibly get reimbursed. She decided it wasn’t worth the time. If you do go that route, though, bring photos and estimates for repair. Bear in mind, though, that even if you win, it is still your responsibility to follow through on collecting.
On the other hand, if your car damage is significant, follow through. And if you are anxious and stressed, seek professional help, and add it to the bill. |
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