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Truck damaged by road work?

By admin on July 4, 2011

The Texas Dept of Tranportation contracted out a road resurfacing project. My wife was traveling on this st.highway and came across the road project. Loose gravel from the project was being thrown and chipped the hood of our truck in 5 places and chipped the windshield in 7 places. TXDOT referred me to the contractor for claims questions. The contractor is not assuming any responsibility for the damages. My only option at this point is to file it under my insurance and pay a deductible. This is wrong. The insurance company said they have received many claims about this. What are my options if any?? Thanks.

Posted in | Tagged , , , , | 3 Responses

3 responses to “Truck damaged by road work?”

  1. Adam D
    Adam D
    July 4, 2011 at 8:00 pm |

    sounds like you will be better off consulting with any attorney. Don’t waste any time, talk to one right away before the statue of limitations expires

  2. mwarrior 1
    mwarrior 1
    July 4, 2011 at 8:14 pm |

    Simply calling your insurance company probably triggered a “potential claim” and raised your rate.

    While TxDot may have contracted the job out, it is still their responsibility. The contractor has to have liability insurance to do work on any project. TxDot’s site will have something about filing claims. Dont let them push you off to the contractor, or tell them the contractor is refusing to cooperate (they may say they dont assume responsibility, but they have to provide you with their insurance info).

  3. Jeffrey S
    Jeffrey S
    July 4, 2011 at 9:09 pm |

    You can try filing a complaint with the Texas Department of Insurance. Might also file a complaint with the BBB.
    Mostly these contractors hope you will just go away, so if you keep after them, let them know you are filing with TX Department of Insurance and BBB, and keep after TX-DOT, they might come around to excepting the claim. You can also file in small claims court.

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