QuestionI was driving on a road that had a large rock of ice on it. I didn't see it until it was too late and I ran over it. It damaged the radiator, the engine and the exhaust. My mechanic has quoted the cost at around $3000, about the same value as the car (Saturn sc1 1997. Can I make a claim for the damage that occurred?
AnswerDear Jonathan,
Please refine your question as to what kind of claim you wish to make. If you are seeking to make a claim versus the city, county, or state that maintains the road, then the answer is probably NO.
What duty did they breach? Surely one cannot expect them to patrol the streets and remove temporary debris. The cost of that would be prohibitive. Plus, they would surely prevail on a claim of negligence on your part.
They would contend that if the rock of ice was large enough to do that kind of damage, then it was large enough for you to see, and in the exercise of reasonable care, to avoid.
The next type of claim is the one for collision on your own insurance. And of course that is a proper claim to make. Your own insurance will pay for the repairs, less your deductible.
Here are a couple of pages of information that might be of interest to you.
Diminished Value—What it is and How to Make an Insurance Claim for a Cash Insurance Settlement
http://www.settlementcentral.com/page0455.htm
FAQ: Diminished Value Insurance Claims Explained in Answers by Doctor Settlement, J.D.—Auto Accident Insurance Claim Expert
http://www.settlementcentral.com/page0454.htm
Auto Accident Collision Repair Shops & Insurance Adjuster Relationships Explained in Answers by Doctor Settlement, J.D.-Auto Accident Insurance Claim Expert
http://www.settlementcentral.com/page0456.htm
BTW, congratulations on driving an American vehicle. That car is a good one.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
