Things Happen I Guess

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Old 11-02-2004 | 12:54 PM
  #1  
Ackman's Avatar
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Crusin Thur in my MR TSX!
 
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From: Nutley, NJ
Things Happen I Guess

I was driving last through a construction site and all of a sudden a hear a loud bang in the back I pull over and my tire is flat. I started jacking up the car so I can put the spare and look and a big ASS BOLT was stuck in the tire and went through the rim in the inside and poked a 4 inch hole through my rim. SO PISSED RIGHT NOW because I have them only on the car for 3 weeks and this shit happens AND NOW I HAVE TO PURCHASE A NEW RIM WHICH IS GOING TO COST ME about 500.00 SHIPPED. This city sucks
Old 11-02-2004 | 12:59 PM
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Ouch.....

Edit: I can't read....
Old 11-02-2004 | 01:05 PM
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Ackman's Avatar
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Crusin Thur in my MR TSX!
 
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From: Nutley, NJ
Sorry not stock aftermarket rim
Old 11-02-2004 | 01:07 PM
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dabuda's Avatar
 
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ouch that sucks, what city were you driving in?
Old 11-02-2004 | 01:23 PM
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TSX 'R' US's Avatar
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holy cow...that sucks
Old 11-02-2004 | 01:27 PM
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Originally Posted by Ackman
Sorry not stock aftermarket rim
I just read your sig...

Sorry to hear that. Those rims look very nice.... :'(
Old 11-02-2004 | 01:30 PM
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That sucks, man. Sorry about that.
Old 11-02-2004 | 01:33 PM
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hmm... if the problem occured on a public road then you have a case for small claims. but i don't think this applies in a construction site.
Old 11-02-2004 | 02:00 PM
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Devo, what do you mean? If I were to hit a pothole in a regular street and get a flat the city would pay for it? Thanks.
Old 11-02-2004 | 02:06 PM
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From: Venice Beach
Originally Posted by fatcat
Devo, what do you mean? If I were to hit a pothole in a regular street and get a flat the city would pay for it? Thanks.
Most state laws make it impossible to sue in those cases unless there's really extreme negligence of some kind. In New York I believe the pothole must be at least 16" deep before you can legally claim damages. In California there's a similar rule but don't recall the details.

And designated/posted construction zones usually have even more restrictive rules about suing for damages.
Old 11-02-2004 | 02:08 PM
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Wouldn't insurance cover part of it, depending on what your deductible is? I know that people have had success complaining to the DOT in their state when they've hit potholes, but I'm not sure about road debris.
Old 11-02-2004 | 02:16 PM
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Right, it all depends on what caused the damage. If it was caused by negligence due on the part of town workers, then you have a case. But in this case, it's a construction site so I think this all goes out the window.
Old 11-02-2004 | 02:18 PM
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Where would I bring my suit to? Small claims court? I can just see it now - fatcat vs. the city of new york. Who would the city send to defend?
Old 11-02-2004 | 02:34 PM
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From: Beach Cities, CA
Ouch...that totally sucks. Any pics of this bolt?
Old 11-02-2004 | 02:40 PM
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I had a piece of rebar puncture two tires on a previous car. However, nothing like the road hazard you experienced. Since I was traveling on the job, I argued and made my employer pay for the new tires.
Old 11-02-2004 | 02:58 PM
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From: Albany, NY
Originally Posted by VeniceBeachTSX
Most state laws make it impossible to sue in those cases unless there's really extreme negligence of some kind. In New York I believe the pothole must be at least 16" deep before you can legally claim damages. In California there's a similar rule but don't recall the details.

And designated/posted construction zones usually have even more restrictive rules about suing for damages.
I think you also have to prove that the city/town new about the hazardous condition. For example if you hit a really bad pothole, you have to prove that someone had already informed the city/town about the problem. I actually know a few people who have been reimbursed for their damages. Mostly on a certain major street up here that the city knew was in horrible condition and had done nothing about. In a construction zone however, if you read the sign it states that there is no liability on the states/counties part for travelling on that road while it is under construction.
Old 11-02-2004 | 03:01 PM
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From: Windsor-Quebec corridor
Dang, a 4" hole...
Old 11-03-2004 | 12:33 AM
  #18  
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From: Venice Beach
Originally Posted by slobeatz
I think you also have to prove that the city/town new about the hazardous condition. For example if you hit a really bad pothole, you have to prove that someone had already informed the city/town about the problem. I actually know a few people who have been reimbursed for their damages. Mostly on a certain major street up here that the city knew was in horrible condition and had done nothing about. In a construction zone however, if you read the sign it states that there is no liability on the states/counties part for travelling on that road while it is under construction.
Yeah, that sounds about right. It's been a long time since I had to worry about this stuff.

But generally "construction zone" = you're responsible for whatever happens because we already warned you that the road is being worked on and you had plenty of opportunity to choose another route.

Also, note that this car had aftermarket (larger) wheels and (lower profile) tires. Most state laws have clever passages in them that essentially absolve the state and local governments of any responsibility for damage to a vehicle that has had its suspension modified in any way. These laws exist primarily to prevent the various governments from being held accountable for people who lower their suspension to 1" off the ground, then complain that they hit things, but are usually quite effective in avoiding other types of claims as well.

Bottom line is that these things are really tough to get paid for. Had it happen to me once. Fortunately didn't damage the wheel, but that bolt went through a brand new $120 tire (1993 dollars!) which really pissed me off.
Old 11-03-2004 | 02:22 AM
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From: Vancouver, British Columbia
on oct. 31 i stepped on a bolt but luckily i had nike shox and there was just enough space so it wouldnt go right into my foot thank god i have nike shox, but the plastic right in the middle is fucked, god damn construction workers
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