So yesterday wasn't my day...
#16
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From: Houston, TX
Originally Posted by RMB5190
I'm in agreement here. While I hate to see something like this happen to someone's car, The OP would be hard pressed to prove the construction company satisfied the elements for negligence in this scenario...
#17
you would need to prove negligence if you want to assign blame. who's to say some ratbas tard kids didnt vandalise some materials from the construction site and threw it in the roadway. what if the stones, materials, construction debri was in a trash dumpster that was loaded onto a trash truck and fell out of the trash dump truck as it drove away. good luck in jumping your gun about assigning blame to the construction company especially if theres no pictures or police reports filed.
I mention this because I had this exact same situation happen to my first car. There was a chunk of the curb out in the road while merging in from another lane. The city replaced the rim and tire and paid for the tow and alignment, no questions asked. I was only 17 and just had to call and let them know when and where and that was that.
Don't be a push over. At least call and inquire, with or without pictures. If you weren't the only one to complain, I guarantee you they will help you with the repairs. Especially now that you have pictures of the damage and a receipt for the new part. At least you can say "Hey, you caused xxx damage and it cost me xxx to repair it, where do I send the bill?"
Worth a shot.
#18
What if it was a tool construction worker being lazy? What if he calls the construction site and he was the 3rd to complain that day and they just pay the man? What if they recorded that trash truck dumping the rocks out and calls them about it, then gets paid? Awkwardness is for pussies, don't be a *****, call and inquire.
I said I hoped he got pictures too, if not, he's likely screwed. He said he drove by a construction site and hit unavoidable stones; if the construction site wasn't pertinent to the story, why did he bring it up? Obviously if there was a rogue rock in the road in the middle of nowhere, you're out of luck.
I mention this because I had this exact same situation happen to my first car. There was a chunk of the curb out in the road while merging in from another lane. The city replaced the rim and tire and paid for the tow and alignment, no questions asked. I was only 17 and just had to call and let them know when and where and that was that.
Don't be a push over. At least call and inquire, with or without pictures. If you weren't the only one to complain, I guarantee you they will help you with the repairs. Especially now that you have pictures of the damage and a receipt for the new part. At least you can say "Hey, you caused xxx damage and it cost me xxx to repair it, where do I send the bill?"
Worth a shot.
I said I hoped he got pictures too, if not, he's likely screwed. He said he drove by a construction site and hit unavoidable stones; if the construction site wasn't pertinent to the story, why did he bring it up? Obviously if there was a rogue rock in the road in the middle of nowhere, you're out of luck.
I mention this because I had this exact same situation happen to my first car. There was a chunk of the curb out in the road while merging in from another lane. The city replaced the rim and tire and paid for the tow and alignment, no questions asked. I was only 17 and just had to call and let them know when and where and that was that.
Don't be a push over. At least call and inquire, with or without pictures. If you weren't the only one to complain, I guarantee you they will help you with the repairs. Especially now that you have pictures of the damage and a receipt for the new part. At least you can say "Hey, you caused xxx damage and it cost me xxx to repair it, where do I send the bill?"
Worth a shot.
lot of what if's in your lil scenario to assign blame on one single entity. you are the one implying he should assign blame, but he has little to nothing to go on to assign the blame in regards to the rock or stone in the roadway.
you gave your experience in regards to the curb being messed up and causing damage to your vehicle which is no way similar to the claim of damages the original poster has. there is no "legal dispute" about who owns the curb. curbs alongside public roadways do not belong to any private entity, it belongs to the city or county, and it is the city or county that must maintain proper curb height and maintenance according to their civil codes, there are no additional entity to point the blame at.
the dispute to his damages incurred is a result of unknowns, who owns the stones and who left the stones in the roadway? you would need to prove negligence. perhaps he can call the construction company to inquiry about restitution for repairs and perhaps they would be nice enough to pay. or the other scenario is they can have you contact their insurance company to file a claim which you again would need to prove it was the "construction company's" fault, because no insurance company is dum b enough to pay out a claim without proof of fault.
#20
lot of what if's in your lil scenario to assign blame on one single entity. you are the one implying he should assign blame, but he has little to nothing to go on to assign the blame in regards to the rock or stone in the roadway.
you gave your experience in regards to the curb being messed up and causing damage to your vehicle which is no way similar to the claim of damages the original poster has. there is no "legal dispute" about who owns the curb. curbs alongside public roadways do not belong to any private entity, it belongs to the city or county, and it is the city or county that must maintain proper curb height and maintenance according to their civil codes, there are no additional entity to point the blame at.
the dispute to his damages incurred is a result of unknowns, who owns the stones and who left the stones in the roadway? you would need to prove negligence. perhaps he can call the construction company to inquiry about restitution for repairs and perhaps they would be nice enough to pay. or the other scenario is they can have you contact their insurance company to file a claim which you again would need to prove it was the "construction company's" fault, because no insurance company is dum b enough to pay out a claim without proof of fault.
you gave your experience in regards to the curb being messed up and causing damage to your vehicle which is no way similar to the claim of damages the original poster has. there is no "legal dispute" about who owns the curb. curbs alongside public roadways do not belong to any private entity, it belongs to the city or county, and it is the city or county that must maintain proper curb height and maintenance according to their civil codes, there are no additional entity to point the blame at.
the dispute to his damages incurred is a result of unknowns, who owns the stones and who left the stones in the roadway? you would need to prove negligence. perhaps he can call the construction company to inquiry about restitution for repairs and perhaps they would be nice enough to pay. or the other scenario is they can have you contact their insurance company to file a claim which you again would need to prove it was the "construction company's" fault, because no insurance company is dum b enough to pay out a claim without proof of fault.
Last edited by blnewt; 04-30-2017 at 11:25 AM. Reason: off topic
#21
Is there a pickup tube that could have broken loose or worse does the crank spin low enough to have gotten whacked? Thats a major dent and theres got to be some kind of ripple effect through to the rest of the engine connected parts.
I feel your pain about unavoidable collisions. I plowed into a torso carcass of a deer that was left in the middle of the road last fall. So much traffic i didnt have time to react or anywhere to go when i saw it. What a thud it made, but fortunately there was no damage. Im still smelling rotten deer meat to this day though.
I feel your pain about unavoidable collisions. I plowed into a torso carcass of a deer that was left in the middle of the road last fall. So much traffic i didnt have time to react or anywhere to go when i saw it. What a thud it made, but fortunately there was no damage. Im still smelling rotten deer meat to this day though.
#22
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From: Houston, TX
Originally Posted by RMB5190
.....Anyways, let us know if that rattling / vibration stopped after the install. Hopefully, that's all it is and nothing more severe got smashed.
#23
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From: Houston, TX
Originally Posted by nogoer
Is there a pickup tube that could have broken loose or worse does the crank spin low enough to have gotten whacked? Thats a major dent and theres got to be some kind of ripple effect through to the rest of the engine connected parts.
I feel your pain about unavoidable collisions. I plowed into a torso carcass of a deer that was left in the middle of the road last fall. So much traffic i didnt have time to react or anywhere to go when i saw it. What a thud it made, but fortunately there was no damage. Im still smelling rotten deer meat to this day though.
I feel your pain about unavoidable collisions. I plowed into a torso carcass of a deer that was left in the middle of the road last fall. So much traffic i didnt have time to react or anywhere to go when i saw it. What a thud it made, but fortunately there was no damage. Im still smelling rotten deer meat to this day though.
#25
#27
#30
first and foremost its good to see that the original poster got the repairs done on his car and there was no other internal engine damage after hitting his oil pan.
Last edited by blnewt; 04-30-2017 at 11:26 AM.