99gixxer

Driving home last night (south on route 3 by exit 26 - for those familiar with the area) - I ran over a 5 foot section of guard rail. The guy holding it was the father of the bmw owners...he's just there for a size reference(about 5'9"). All told, there was an Escalade with a flat left tire, a 2004 330ci - 3 weeks old, that took a shot to the passenger door and side skirt, and my car. I didn't take any pictures of the other cars - but here is a picture of the guard rail(it was taken with a camera phone - so ignore the crappiness)




My car definitely lost as for damage - I'm not sure what's exactly broken underneath my car - but so far the list is:
1) left front tire and possibly rim
2) left emergency brake line torn off
3) left muffler torn off
4) big chunk of bumper missing


Here's a picture of the rear of my car:


I'm off to fight with the insurance company next. Any advice on how I should go about getting either the construction company or the state to pay my deductible since the "debris" was a freaking guardrail?

Thanks for any advice.

:pee: guard rails

Linner

try and get compensated by the state too. Since they did not remove the debris form the road.

Always Dirty

That's insane. It was pretty crappy out too so you really had no chance of seeing it at night until it was too late. Definitely go after the state or, better yet, let your insurance company do it.

99gixxer

I just talked to my insurance company - basically I have to pay my deductible and then wait for them to go after the state or the construction company - then they'll reimburse me if they accept responsibility. Oh - I also get surcharged until my appeal goes through(usually about a year) since it's considered a single vehicle accident...

I also don't have substitute transportation on my policy - so I have to either rent a car and hope that it gets reimbursed or wait until someone accepts fault and then make them pay for my rental...

tmk70

More proof that Massachusetts roads fucking suck ass.

Always Dirty

^ Sad but true. Look at the bright side, maybe that piece of guardrail was covering up a 4 foot deep, axle-snapping pothole.

anothercls

I am surprised the insurance company didn't say you could have avoided it and your now going to pay a higher premium.

99gixxer

I'm sure they would have if they didn't think they had a reasonable chance of going after the construction company or state.

If they don't find someone else to hold liable - they will definitely raise my rates which I'll have to fight via the appeal process...in fact, they might raise them anyways and then make me appeal the raise regardless of who they find liable.

:swear2:

King of the Road

You can't just do it on your own. People would just ignore you. You need to get a lawyer to write to the state AND the contractor. Then you may get a faster reply. Otherwise you can wait forever, trust me

raymas

where in Mass?

99gixxer

The insurance company has first try - that's part of their job. If they are unable to do anything, the lawyer will be my next stop.

99gixxer

Bedford/Burlington

patek007

Unless you hire a lawyer and PROVE that the construction company / state is at fault... it'll be like pissing against the wind... I.e. 100s of excuses... from someone else hit it before you... defective bolts holding it... to this being your own fault... - yes they can get as rediculous as that...
Unless you believe there is an undoubtful proof... I suggest... pay your deductible.. fix it... and save yourself some nerves... - it will extend a year or two of your life later ... Keep in mind.. judges are 'connected' with the State... who is paying their salaries... Be greatful, the damage is fixible and you are allright...

$.03