Charger update---Updated with response about claim

[SG1022]

Well, I have been giving a number for ODOT, and the general contractor. Neither of them have been answering. I have left messages on both voicemails, but haven't heard yet.

This may take a while.  

[SG1022]

Well, The General contractor's claim person has been refusing to answer my phone, and it was not very subtle that their receptionist was leading me in circles as far as actually speaking to them.

He finally contacted me by email, and I sent him my description and photos. This was his reply:

Thank you for sending me the pictures. The pictures you first sent accurately represent the difference in grade between the roadway and top elevation of the manhole - about an inch. The picture you sent showing the manhole flush with the toplift of asphalt isn't representative. The top lift of asphalt we placed was about two inches. In our initial adjustment of the manhole we aim for the manhole to be about one inch above the base course of asphalt (this was actually ground out asphalt but for these purposes I am calling it the base course). Then, immediately before we pave the top lift we put a 1"" paving ring on the manhole to raise it an inch higher so when we pave a 2" thick top lift it is all flush. But that one inch raise to two inches happened when the lane was closed so the last picture you sent isn't representative although I can understand why someone who didn't know our sequence might think it was.
I know it hard to tell the elevation difference from pictures and even tough to measure with a tape measure (we tried) but the math on what we did correlates with your pictures. I believe when you had your troubles it was about one inch. I could be slightly off but that is what I am seeing. We also sloped it up with temporary asphalt to decrease the impact of the bump we are allowed to have.
It is a construction zone and things can't be perfect as we transition from old to new. We are doing everything we can to get this job done as quickly as possible to lesson inconvenience.
I couldn't tell from the angles of your pictures if your vehicle is a low riding vehicle, but I did observe and videotape several cars driving over the same manhole. A couple of them on video and many others we only observed were lower riding cars (Accord types) and they did not have any trouble. While I couldn't tell from the angles of your pictures I suspect that either your vehicle rides lower then the typical low riding car or you had some loose parts nearly dragging already that you may not have been aware of. I'm speculating I don't know.
I'm denying your claim. I could be wrong though so if you still feel we are responsible after considering the above you have the right to file a claim with our insurance company (and of course go beyond that if you don't agree with their decision) . They are more experienced in this type of thing then I am so I think that between your pictures, my pictures, and my video they will have plenty of information to make a fair decision.  Let me know and I will get you in contact with them.
I am sorry this happened and understand your frustration, but from my investigation don't think we are responsible.
Sincerely,
XXX XXXXXX

They also fixed that portion of the road, and I was able to get some photos of it's current state.

The manhole now sits flush with the rest of the asphalt road, excluding the last lane that hasn't been paved over(the last lane being the closest one in the photos). You can clearly see how it is sitting 4-6 inches above the unfinished lane.

[SG1022]

Oh yeah. . . here are some pictures of it with my Cummins before the, 'accident'

[Dino]

Accord types???  My daily is an Accord and it's not low by any means. 

So what's your next step?

[SG1022]

Accord types???  My daily is an Accord and it's not low by any means. 

So what's your next step?

First of all, I am also still talking to ODOT. They haven't denied it falls under their coverage at this point, so they might cover it. If they say it falls under the responsibilities of Kerr Construction, Kerr will be receiving a letter from my attorney. I am not about to let this go. I have already asked him to go ahead and put me in touch with their insurance.

[ACUDANUT]

Your Attorney ?  oh boy, how much is his service ?

[SG1022]

Your Attorney ?  oh boy, how much is his service ?

My family has one on retainer. I'm hoping I'll be able to use his services.

[Indygenerallee]

Your gonna loose, might as well take one for the team and move on, I know it's frustrating as hell but your gonna spend more money on the attorney than fixing the damage!

[SG1022]

Your gonna loose, might as well take one for the team and move on, I know it's frustrating as hell but your gonna spend more money on the attorney than fixing the damage!

Gee, thanks for the inspiring words my Charger brethren! 

[Brock Lee]

Unfortunately it is likely the truth. The headers are a non-factory modification that alters the clearance. They will say you should have manifolds or adjusted the ride height of your car to compensate.  

[ACUDANUT]

Attorneys will make you broke in a blink of a eye.  However, if you win you might get your attorneys fees refunded by the construction company.

[Ghoste]

He does speculate in his reply that your car might be too low.  That is going to be the point you have to prove in my opinion, not the poor condition of the construction zone.  If the family lawyer is on retainer and is ehtical in any regard though, he should tell you truthfully if you have a case.  Good luck.

[ACUDANUT]

Attorneys could care a less if you have a case or not. They get paid to debate, regardless of the outcome.  Ask me how I know 

[Ghoste]

Not Atticus Finch.

[elacruze]

Indygenerallee is right, a lawyer will cost you more than you get back.

So the answer is, go to the courthouse and file on your own behalf. It will cost something like $35-$100 to file a claim. Bring your photos and evidence, show them to the judge, and he will make a decision. Worst case is that you lose the filing fee. Best case is that you get your car fixed and your filing fee back, maybe even lost wages if you lose work time.

You'll need all your photos, dates times and any info about the incident; you'll also need either receipts for the broken equipment or verifiable pricing for the replacement equipment, and an estimate for labor by a licensed shop in the area. The judge must have proof of loss to award a compensation.

[ACUDANUT]

 Well said. 

[Vainglory, Esq.]

Indygenerallee is right, a lawyer will cost you more than you get back.

So the answer is, go to the courthouse and file on your own behalf. It will cost something like $35-$100 to file a claim. Bring your photos and evidence, show them to the judge, and he will make a decision. Worst case is that you lose the filing fee. Best case is that you get your car fixed and your filing fee back, maybe even lost wages if you lose work time.

You'll need all your photos, dates times and any info about the incident; you'll also need either receipts for the broken equipment or verifiable pricing for the replacement equipment, and an estimate for labor by a licensed shop in the area. The judge must have proof of loss to award a compensation.

I'm a lawyer, and I don't think I agree with this. Many lawyers will charge you out the nose, and by the hour, but you're going to lose if you try to do it on your own. You won't be arguing against amateurs here. What I would do is find a lawyer who does "alternative fee arrangements," i.e. they don't charge by the hour. Pay a flat fee for your case, and you'll have a perfectly predictable expense as well as a fair shot at winning.

[Brass]

I would also try to find out if there is a minimum clearance required in your area, what it is, and whether the areas of impact are lower than that.  Hopefully not.  It doesn't matter whether you have headers or manifolds.  Modifying your car is legal - headers are legal.  But I wouldn't even go there. Just stick to the facts; your car has "X" amount of clearance as required by law but their manhole ripped it apart anyway.  They're not even saying the damage didn't happen from their manhole cover – they're saying your car was too low.  Show them it's not.

[Darkman]

He finally contacted me by email, and I sent him my description and photos. This was his reply:

Thank you for sending me the pictures. The pictures you first sent accurately represent the difference in grade between the roadway and top elevation of the manhole - about an inch. The picture you sent showing the manhole flush with the toplift of asphalt isn't representative. The top lift of asphalt we placed was about two inches. In our initial adjustment of the manhole we aim for the manhole to be about one inch above the base course of asphalt (this was actually ground out asphalt but for these purposes I am calling it the base course). Then, immediately before we pave the top lift we put a 1"" paving ring on the manhole to raise it an inch higher so when we pave a 2" thick top lift it is all flush. But that one inch raise to two inches happened when the lane was closed so the last picture you sent isn't representative although I can understand why someone who didn't know our sequence might think it was.
I know it hard to tell the elevation difference from pictures and even tough to measure with a tape measure (we tried) but the math on what we did correlates with your pictures. I believe when you had your troubles it was about one inch. I could be slightly off but that is what I am seeing. We also sloped it up with temporary asphalt to decrease the impact of the bump we are allowed to have.
It is a construction zone and things can't be perfect as we transition from old to new. We are doing everything we can to get this job done as quickly as possible to lesson inconvenience.
I couldn't tell from the angles of your pictures if your vehicle is a low riding vehicle, but I did observe and videotape several cars driving over the same manhole. A couple of them on video and many others we only observed were lower riding cars (Accord types) and they did not have any trouble. While I couldn't tell from the angles of your pictures I suspect that either your vehicle rides lower then the typical low riding car or you had some loose parts nearly dragging already that you may not have been aware of. I'm speculating I don't know.
I'm denying your claim. I could be wrong though so if you still feel we are responsible after considering the above you have the right to file a claim with our insurance company (and of course go beyond that if you don't agree with their decision) . They are more experienced in this type of thing then I am so I think that between your pictures, my pictures, and my video they will have plenty of information to make a fair decision.  Let me know and I will get you in contact with them.
I am sorry this happened and understand your frustration, but from my investigation don't think we are responsible.
Sincerely,
XXX XXXXXX

The manhole now sits flush with the rest of the asphalt road, excluding the last lane that hasn't been paved over(the last lane being the closest one in the photos). You can clearly see how it is sitting 4-6 inches above the unfinished lane.

This is a very polite way of saying they are not at fault. Every contractor will try and cover their butts. At least this was done politely. They wouldn't be doing their job if they didn't try to fight it. If you have photos with measurements, then there is no arguement. I still think you have a case.

[FastbackJon]

I would get some pictures with a tape measure if you haven't already. If it's been paved at least get the height difference from the old road to the top of the new one.

It's not all bad if you don't hire an attorney and you have all your facts and ducks in a row. I went up against one on a speeding ticket and got the radar reading thrown out after I did my homework on the radar unit and how to use it and not use it, and after questioning the officer on how he used it.

[69rtse4spd]

Good luck with your case, the only silver lining is that you didn't puncture your oil pan or trans. pan.

[Aussie R/T]

Think you should add if a speed reduction was in place also this could also contribute to the ride height of the Vehicle.The ride height of the Vehicle would be affected by the speed and condition of the road by the suspension movement.In Auss all construction work is speed reduced to a minimum 60 k and 40k so this sort of thing doesn't happen.Good Luck

[elacruze]

Indygenerallee is right, a lawyer will cost you more than you get back.

So the answer is, go to the courthouse and file on your own behalf. It will cost something like $35-$100 to file a claim. Bring your photos and evidence, show them to the judge, and he will make a decision. Worst case is that you lose the filing fee. Best case is that you get your car fixed and your filing fee back, maybe even lost wages if you lose work time.

You'll need all your photos, dates times and any info about the incident; you'll also need either receipts for the broken equipment or verifiable pricing for the replacement equipment, and an estimate for labor by a licensed shop in the area. The judge must have proof of loss to award a compensation.

I'm a lawyer, and I don't think I agree with this. Many lawyers will charge you out the nose, and by the hour, but you're going to lose if you try to do it on your own. You won't be arguing against amateurs here. What I would do is find a lawyer who does "alternative fee arrangements," i.e. they don't charge by the hour. Pay a flat fee for your case, and you'll have a perfectly predictable expense as well as a fair shot at winning.

Please don't take offense, but that's exactly the response I'd expect from a lawyer. My personal experience with acting as my own attorney is 4/5 with #5 still unsettled. The key to winning in court is simple; Be Right and be able to prove it.

Don't take that as a pooh-pooh to your suggestion, hiring a lawyer is always valid but not necessarily economical, especially when we're talking a few hundred to a grand or so in award.