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Should I sit back and let insurance co.do their thing?

Discussion in 'Auto Accidents, Injuries' started by fresh04, Oct 28, 2010.

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  1. fresh04

    fresh04 Law Topic Starter New Member

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    I live in Ohio.We were driving down a country road going to our house,when we saw in front of us some machinery coming towards us. They took up the entire road so we pulled off the road into a grassy ditch and stopped. The machinery continued coming at us and then passed us. When they passed us we got back on the road and continued home. We called the sheriff who came out and took a report about our car being sprayed with tar by the machinery. I went through my insurance company to fix the car,which to remove the tar and repair cost about $800.00. I had to pay $500.00 which was my deductible to get the car back. I had a rental car while our car was being repaired. My insurance company determined the Asphalt Co. was 100% at fault. Their insurance company said we were 100%at fault. I feel they were negligent by not having any signs up or warnings of any kind. My insurance company said this is going to arbitration and could take 90 days. Can I take the asphalt company to small claims court during this time? Do I just ask for my money back or do I try to get my insurance company money back? Can I include in the suit the filing fees and also get some sum of money for all time and frustration they have put me through by just not paying this due to their negligence? How much extra can I ask for?
    I just got a call from the Village Clerk. He talked to the asphalt company,and they do not want to settle.Should I take the asphalt co. to small claims court or sit back,relax, and let the insurance co. go through arbitration?
     
  2. bluemann33

    bluemann33 New Member

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    Let the insurance co. hash it out. If the other insurance wont pay then you could think about filing a suit.
     
  3. FlaRiptide

    FlaRiptide New Member

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    Just an observation...

    How many other vehicles got tar on them and the owners are requesting reimbursement of damages? If you are the only one, then what does that tell you?

    I presume you had ample time to determine if the approaching road machinery could be a potential threat causing damage to your car. I personally would have turned around, no matter if you were on a country road and had to drive miles to detour. The choice of risk or flight was yours, and thus my opinion is that the results are 100% your doing. Though, I am not an attorney.
     
  4. fresh04

    fresh04 Law Topic Starter New Member

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    Thank you for your replies. Being a county road,we were the only car on it at the time. We thought it was farm machinery which is common out here.We had no idea what they were doing.
     
  5. bluemann33

    bluemann33 New Member

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    Was the truck actually spraying the road when you went past?
     
  6. fresh04

    fresh04 Law Topic Starter New Member

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    We were parked off the road in the grass and the truck went by us and was spraying the tar at the time. Like I said,we thought it was farm machinery coming at us. They could have stopped before passing us since we were parked,and told us we needed to turn around. Like I said earlier,they had no cones or warnings,and the road should have been closed while they were doing this,to give the tar time to dry before it was driven over.
     
  7. bluemann33

    bluemann33 New Member

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    There should have been some sort of signs or warnings that they were working at all...They should be held responsible for giving no type of warning.
     

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