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Foreign object struck my car on highway!

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Old 07-12-2008, 01:43 PM
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Default Foreign object struck my car on highway!

Hi guys,
Couple days ago, I hit some foreign object on the highway in my Z4 and it struck hard enough to puncture my gas tank.
I didn't think i had any damages when I initially hit the object so I continued onto the exit to my house. (my house is like 3 min. from where it happened) And I figured I might as well check out the car at the gas station where it's bright.
So I pulled in and when I went around to my rear, I saw gasoline just pouring out of the tank!
I was bit scared that I might screw the gas station so I just quickly drove to my house and jacked my car up and called BMW roadside to tow my car to the dealer.

Now my question is,

Is there any possibility that my town could step up and take the repair bill? (It came out to be $2100) Because other than my car, there were 2 other cars seemed to be on the shoulder cuz of damage from hitting the ojbect like me.

Did anyone have and experience like this in past?
What kind of evidence did you guys provide?

I know I didn't call the police to make a report that night, but I could take pictures of the object that struck my car now as it's still on the shoulder on the highway.

My insurance (GEICO) isn't doing anything for me other than taking this as collision and they aren't even sure if this could increase my premium or not as of this point.

Any advice would help greatly.

Thanks in advance.

-Jung
Old 07-12-2008, 01:48 PM
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The city/county/state would claim sovereign immunity. Unless there was gross negligence, like a work crew who left a manhole open and unmarked, they will not pay.

It is a matter for your insurance.
Old 07-12-2008, 02:45 PM
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In my experience as a Field Adjuster for Farmer's, I've handled several claims such as this. Depending on the liability adjuster, and sad to say, how much "noise" a customer makes, this type of claim can be classified as a comprehensive claim which will not leave a point on your record. What I would do is thoroughly read your Auto Policy, especially under Comprehensive coverage and what Geico determines as to what is a comprehensive claim. If your insurance company does cover this under a comprehensive claim, ask them to open a subrogation unit against the city and see if they can at least get back your deductible.
Old 07-12-2008, 02:53 PM
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If it is a stationary object that you hit the insurance company will likely treat this as Collision. Good luck with the city though! If you find other cars damaged by the same object maybe you could all get together and file a class action lawsuit.
Old 07-12-2008, 05:30 PM
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This happened to me last year in my 330i. A car in another lane kicked up some sort of sheet metal debris. It scratched my hood, damaged the A-pillar, chipped the windshield, and destroyed my side mirror. I didn't get the license plate of the car that kicked it up but I saw it didn't fall off that car. I was trapped in my lane so I couldn't even try to evade.

My insurance, Liberty Mutual, covered it as a comprehensive claim (not collision) and I had to pay the deductible.

On what possible basis would the city, county, or anyone other than whoever dropped the junk that hit you be responsible to pay any part of your damages? Sure they have a responsibility to maintain roads but how do you prove the junk was there for more than five minutes? Junk happens.
Old 07-13-2008, 07:07 AM
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A few years ago I was zipping thru Hartford CT on I84 in relatively heavy traffic at about 60-65 mph. There was some low-life contractor in front of me. You've all seen this guy before. Nice F250 pickup with all the crap of the trade just thrown in the back at the end of the day without securing any of it. Tools, ladders, trash, buckets, plastic drop cloths, landscaping refuse, etc.

Well, this particular low-life decided to get on an interstate highway and travel at 65 mph with this assorted crap rattling around loose. Now, 35 mph on residential streets is one thing but, on the highway, wind speeds are higher and traffic is travelling faster. Someone could get killed or maimed.

Anyhow, this guy had a small 8 ft aluminum stepladder set in the bed of the truck with the top of the ladder leaned against the cab of the truck with the top foot or so sticking above the cab so that the wind could catch it nicely.

I end up behind the lazy low-life in the left lane with a guard rail to the left, and traffic to the right and behind. I'm always nervous when one of these jerks is in front of me so I immediately begin looking for the exit door to the right lane and drop back a bit. And then it happened! The ladder caught some wind, lifted out of the bed and came spinning and twisting thru the air on a highway crowded with traffic. I didn't know if it was coming thru the windshield, the grill, or underneath the car. And I had no room to brake hard or go left/right. I slowed without panic braking, the ladder landed in front of me, bounced once, and I caught it perfectly as it came down from the bounce (pure luck). It went under the Volvo 850 I was driving and ended up lodged under the passenger side rear coil bracket. I dragged the thing about 1/4 mile until I could pull off safely. The cops came and called a DOT truck who threw a couple of pneumatic bladders under the car to jack it up and free the ladder. The lightweight aluminum ladder was pretty well crushed and there was almost no damage to the Volvo. But if the ladder was heavier or if it came thru my windshield or if I lost control, the story could easily have ended with somebody getting killed.

The low-life who ejected the ladder? He took off! Never stopped to clean up the ladder or take responsibility for the damage. Even the cops didn't seem all that interested in "policing" the problem of idiots traveling with unsecured cargo on our highways.

Drive defensively! The a$$holes aren't gonna suddenly get any smarter or develop ethics.
Old 07-13-2008, 10:22 AM
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^ to idiotic truck drivers. sounds like a scary ass moment
Old 07-13-2008, 10:33 AM
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This happened to me on my RSX on my way to a wedding. It hit my driver side rear lower fender and pushed/snapped the rear bumper off. Had to pull over and push it in but the bumper holes were torn as the screw in fender that holds it tight. there was damage on the rear lower fneder too. I didnt even think of it till like 5-6 months later made a call to insurance and they took care of it. It was a 1600.00 damage bill because i needed a new bumper and the fender had to be fixed and all. Call your insurance see what they say. I have Allstate btw and they never ever let me down.
Old 07-13-2008, 01:42 PM
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Originally Posted by the_KiLLaBEE,Jul 13 2008, 01:33 PM
This happened to me on my RSX on my way to a wedding. It hit my driver side rear lower fender and pushed/snapped the rear bumper off. Had to pull over and push it in but the bumper holes were torn as the screw in fender that holds it tight. there was damage on the rear lower fneder too. I didnt even think of it till like 5-6 months later made a call to insurance and they took care of it. It was a 1600.00 damage bill because i needed a new bumper and the fender had to be fixed and all. Call your insurance see what they say. I have Allstate btw and they never ever let me down.
So you didn't even have to pay your deductible??
Old 07-14-2008, 10:55 AM
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A couple of guys areound here have managed to get two different local municipalities to cover damage to rims from bad pot holes. These were on city-maintained streets. I filed a claim and got a reimbursement from the MS Dept of Transportation for a bent mugen rim from a big pot hole in a state highway. But it was a pita. Not the same thing as a foreign object in the road. But they can't say "yes" if you don't at least ask.

I had a claim with my insurance company last year when a semi dropped a tread in front of me and it tore up my front bumper and fender liners. The adjuster tried to put it through on my uninsured motorist coverage which would have eliminated my deductable but he couldn't make it happen. It ended up under my comp coverage.


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