Going after the city for damages?

AMT92 · 02-16-2016, 11:46 AM

Preface, this might be a tad long, so I will provide a TL;DR at the end. This is all based in Los Angeles, CA.

So I was sitting in my buddies car (2008 BMW 328i) and we were driving on the 101 North right before the Hayvenhurst Ave. exit (for context, if you know where that is). We were cruising at about 60-65, with the speed of traffic, in the third lane. All of sudden out of nowhere, we see this black object roll from the lane to the right of us, hits him right in front bumper, jumps over it with his front right tire, and immediately could tell that it blew his rim out. We pull over and not only is his rim/tire blown, it chipped the right front portion of his bumper, and it also created a massive hole in his side skirt (which is now being held up by duct tape).

After being stranded on the side of the 101 for about 5 minutes and calling AAA, we notice CHP is shutting down the freeway behind us and a Cal Trans truck drives by. CHP eventually stops the whole 101, we get out, and he asks us if we’ve seen a TRAILER HITCH on the freeway. We mentioned we hit something that looks just like it, and he tells us that he got a call about 10-15 minutes ago mentioning a trailer hitch on the freeway and that Cal Trans is driving the freeway looking for it.

He proceeds to escort us off the freeway and begins writing up the report. He asks us if the object was moving or stationary, and we mentioned it was moving and rolled right into us. The CHP officer says that if we had said the object was stationary, it would have been our fault, but since we stated it was moving, it was an uncontrollable situation, and that my buddies insurance would payout without any points against him. He gives my buddy this card with a report number, and the CHP office that he can pick up the report to submit to his insurance.

Now here’s where his question lies. My buddies insurance deductible is $2,000 (I have no idea why it’s so high) and between a new rim, tire, side skirt, and possible new front bumper, it’s most likely he’ll just barely reach $2,000 of work. Even if it does come out to more than $2,000, we don't believe it's fair that he has to pay out for damages that couldn't have been avoided.

Would it be possible to go after the city for the repairs? I know people have gone to the city to get paid out on blown out rims from potholes, so is this the same concept? The way I see it, the city is responsible to keep the roads in drivable safe conditions, and they failed to. On top of that, Cal Trans didn’t even find the trailer hitch! My friend is lucky that somebody else called it in BEFORE he hit it, or he would’ve had no way to corroborate that it was even there.

He hasn’t gotten the report yet, but will do so this week. He also has plenty of pictures of the damage. He's already spent $450 on a whole new set of used OEM rims, and 4 new tires (he was due for them anyways). Currently the side skirt and front bumper is in need of major work.

Any and all advice is greatly appreciated as he’s in a tight financial situation.

TL;DR – Buddy hit a tow hitch on the freeway, CHP says it’s not his fault and his insurance will cover it, but his deductible is $2,000. Can he go after the city for the repairs/reimbursement?

FarSeide · 02-16-2016, 12:32 PM

I had a similar situation and your insurance would cover this under Comprehensive coverage and not Collision. Like the officer said, if the debris was stationary, it would be collision so your friend lucked out.

Aside from that, i don't see how the city can be liable when they won't even pay for damaged rim caused by pot holes.

Good Luck and glad to hear that you guys are ok.

AMT92 · 02-16-2016, 12:45 PM

Quote:

Originally Posted by FarSeide

I had a similar situation and your insurance would cover this under Comprehensive coverage and not Collision. Like the officer said, if the debris was stationary, it would be collision so your friend lucked out.

Aside from that, i don't see how the city can be liable when they won't even pay for damaged rim caused by pot holes.

Good Luck and glad to hear that you guys are ok.

Unfortunately, I think his comp and collision both have $2,000 deductibles....

Delta0311 · 02-16-2016, 01:03 PM

Quote:

Originally Posted by Joker330i

Unfortunately, I think his comp and collision both have $2,000 deductibles....

WTF? What kind of shitty discount insurance does he have?

AMT92 · 02-16-2016, 01:06 PM

Quote:

Originally Posted by Delta0311

WTF? What kind of shitty discount insurance does he have?

He actually has AAA, but he's on his families plan which I guess also carries their homeowners insurance. He says he's looked around but since he's only 23 this is the cheapest option for him. He has a perfect record and is a responsible driver, so he's not really worried about at fault accidents.

Alen E90 · 02-16-2016, 02:49 PM

OMG I can kind of relate to your friends situation. Lately, I've been so fed up and tired of the roads here in the SFV!

I can't drive anywhere without worrying about my car and wheels! Seems like the city does not want to spend a dime in this area. Hope everything works out for him tho!

Vitalität · 02-16-2016, 04:34 PM

Going after the city - > NO. Expenses to fix the damages, sounds like its more than $2K.

El Cheapo Loco · 02-16-2016, 05:46 PM

Young male + BMW = big $ insurance, especially in LA. This is why he chose the high deductible to lower the premium. He took a gamble and lost.

Not much he can do about it now. I would probably shop around to see if someone can fix it for under $2k.

Stupenal · 02-16-2016, 05:59 PM

LOLOLOL sue the City of Los Angeles?

First, this occured on the 101. You received a report from the California Highway Patrol. How on earth is the City of Los Angeles in any way related to this incident? The highway system is federally funded, and administered by the State. It's like saying you're going to sue T-Mobile because someone threw an iphone at your head and you got a bloody nose from the iphone, but the iphone had t-mobile service.

Second, you would only be able to sue the actual owner of the trailer hitch, and only if were able to prove that they were negligent in not securing the trailer hitch to their vehicle. Maybe, just maybe, if you were able to find the trailer hitch and it was imprinted with the City of Los Angeles seal/logo, you might be able to sue the City. Otherwise, the City has zero relationship to your friend's accident.

Here's where you're mixing concepts. If the City/State/Federal government were responsible for ensuring the safe operation of a City street/highway/freeway, and their negligence resulted in damages, then yes, they may be liable. This is where the whole "i hit a pothole and broke a wheel, the City reimbursed me for the wheel" situation comes into play. However, what you're describing is a road hazard recently created by an individual/company, that the government would have had zero way to prevent from happening. The government could not have reasonably predicted that a trailer hitch would have come undone at the precise moment that it did, and therefore could have prevented a motorist from running into it. If, however, you could prove that Cal Trans had been notified repeatedly over the course of a very long period, you might be able to prove the State's negligence in responding to a road hazard on the highway, which thus resulted in damages to your friend's vehicle.

But since you noted the trailer hitch was moving at the time of the accident, and that Cal Trans was alerted to the hazard and actually was looking for it within 10-15 minutes of the accident occurring, then what you should be doing is writing a letter to the State thanking them for their timely deployment of Cal Trans to search for and possibly try and remove a road hazard that could have caused further damage to others.

theweebabySeamus · 02-16-2016, 08:17 PM

Quote:

Originally Posted by FarSeide

I had a similar situation and your insurance would cover this under Comprehensive coverage and not Collision. Like the officer said, if the debris was stationary, it would be collision so your friend lucked out.

Aside from that, i don't see how the city can be liable when they won't even pay for damaged rim caused by pot holes.

Good Luck and glad to hear that you guys are ok.

I know of someone who got a bent rim and was paid out for the wheel.

jmmoore3 · 02-16-2016, 08:58 PM

He will have to eat this. Concerning comp and collision coverage, the ded for comp is usually much less costly to lower than a collision ded. After all this is over your buddy should ask what a $500 comp ded would be. I mean in reality $2000 for any ded is crazy like said before he gambled and got burnt but he can at least check out lowering the comp ded for the future if he can't afford lowering both.

SAADTHESAV · 02-17-2016, 11:19 AM

This is why I'm kind of scared of moving down to LA in the fall with my BMW. The roads there are SO bad compared to the bay area. There's literally potholes everywhere and the roads are so uneven.

Good luck with your friend man, I think it was just wrong place wrong time.

02-16-2016, 11:46 AM	#1
AMT92 Lieutenant Colonel 395 Rep 1,894 Posts Drives: G05 45e Join Date: Dec 2008 Location: Los Angeles iTrader: (4)	Going after the city for damages? Preface, this might be a tad long, so I will provide a TL;DR at the end. This is all based in Los Angeles, CA. So I was sitting in my buddies car (2008 BMW 328i) and we were driving on the 101 North right before the Hayvenhurst Ave. exit (for context, if you know where that is). We were cruising at about 60-65, with the speed of traffic, in the third lane. All of sudden out of nowhere, we see this black object roll from the lane to the right of us, hits him right in front bumper, jumps over it with his front right tire, and immediately could tell that it blew his rim out. We pull over and not only is his rim/tire blown, it chipped the right front portion of his bumper, and it also created a massive hole in his side skirt (which is now being held up by duct tape). After being stranded on the side of the 101 for about 5 minutes and calling AAA, we notice CHP is shutting down the freeway behind us and a Cal Trans truck drives by. CHP eventually stops the whole 101, we get out, and he asks us if we’ve seen a TRAILER HITCH on the freeway. We mentioned we hit something that looks just like it, and he tells us that he got a call about 10-15 minutes ago mentioning a trailer hitch on the freeway and that Cal Trans is driving the freeway looking for it. He proceeds to escort us off the freeway and begins writing up the report. He asks us if the object was moving or stationary, and we mentioned it was moving and rolled right into us. The CHP officer says that if we had said the object was stationary, it would have been our fault, but since we stated it was moving, it was an uncontrollable situation, and that my buddies insurance would payout without any points against him. He gives my buddy this card with a report number, and the CHP office that he can pick up the report to submit to his insurance. Now here’s where his question lies. My buddies insurance deductible is $2,000 (I have no idea why it’s so high) and between a new rim, tire, side skirt, and possible new front bumper, it’s most likely he’ll just barely reach $2,000 of work. Even if it does come out to more than $2,000, we don't believe it's fair that he has to pay out for damages that couldn't have been avoided. Would it be possible to go after the city for the repairs? I know people have gone to the city to get paid out on blown out rims from potholes, so is this the same concept? The way I see it, the city is responsible to keep the roads in drivable safe conditions, and they failed to. On top of that, Cal Trans didn’t even find the trailer hitch! My friend is lucky that somebody else called it in BEFORE he hit it, or he would’ve had no way to corroborate that it was even there. He hasn’t gotten the report yet, but will do so this week. He also has plenty of pictures of the damage. He's already spent $450 on a whole new set of used OEM rims, and 4 new tires (he was due for them anyways). Currently the side skirt and front bumper is in need of major work. Any and all advice is greatly appreciated as he’s in a tight financial situation. TL;DR – Buddy hit a tow hitch on the freeway, CHP says it’s not his fault and his insurance will cover it, but his deductible is $2,000. Can he go after the city for the repairs/reimbursement? Last edited by AMT92; 02-16-2016 at 08:25 PM..
	Appreciate 0 Tweet Quote

02-16-2016, 12:32 PM	#2
FarSeide Second Lieutenant 20 Rep 254 Posts Drives: 07 335i e90 6MT Join Date: Aug 2010 Location: BayArea iTrader: (6) Garage List 2007 BMW e90 [0.00]	I had a similar situation and your insurance would cover this under Comprehensive coverage and not Collision. Like the officer said, if the debris was stationary, it would be collision so your friend lucked out. Aside from that, i don't see how the city can be liable when they won't even pay for damaged rim caused by pot holes. Good Luck and glad to hear that you guys are ok. __________________ Spec MHD \| aFe Stage 2 \| AE Quad Catback \| AR DP \| VRSF 7" FMIC \| HKS SSQV III BOV w/ TiTek Pipe \| KW V3 \| 19" GTS 359M [Satin Black ZCP] 19 x 9 ET31 \| 235/35/19 \| 19 x 10 ET25 \| 265/30/19 \| M3 Rep Bumper + CF HM-Style Lip\| Mtech Rear Bumper \| DD Quad Diffuser \| ECS Air Scoop
	Appreciate 0 Quote

02-16-2016, 02:49 PM	#6
Alen E90 Lieutenant General 764 Rep 10,033 Posts Drives: E90 328i TiAg Join Date: Jun 2011 Location: Los Angeles, CA iTrader: (7)	OMG I can kind of relate to your friends situation. Lately, I've been so fed up and tired of the roads here in the SFV! I can't drive anywhere without worrying about my car and wheels! Seems like the city does not want to spend a dime in this area. Hope everything works out for him tho! __________________ TiAg FTW!
	Appreciate 1 Quote

02-16-2016, 04:34 PM	#7
Vitalität Captain 112 Rep 807 Posts Drives: BMW i3 & X5 Join Date: Mar 2015 Location: Denver, CO iTrader: (2) Garage List 2015 BMW i3 BEV [0.00] 2007 BMW X5 48i [0.00] 2006 BMW 330i [0.00] 2004 BMW 330i [0.00]	Going after the city - > NO. Expenses to fix the damages, sounds like its more than $2K. __________________ Garage: BMW i3 Giga World BEV \| BMW E70 X5
	Appreciate 0 Quote

02-16-2016, 05:46 PM	#8
El Cheapo Loco douchebaggo 185 Rep 971 Posts Drives: stick Join Date: Oct 2009 Location: CA iTrader: (1)	Young male + BMW = big $ insurance, especially in LA. This is why he chose the high deductible to lower the premium. He took a gamble and lost. Not much he can do about it now. I would probably shop around to see if someone can fix it for under $2k.
	Appreciate 0 Quote

02-16-2016, 05:59 PM	#9
Stupenal First Lieutenant 45 Rep 347 Posts Drives: Mmm Join Date: May 2009 Location: Socal iTrader: (10)	LOLOLOL sue the City of Los Angeles? First, this occured on the 101. You received a report from the California Highway Patrol. How on earth is the City of Los Angeles in any way related to this incident? The highway system is federally funded, and administered by the State. It's like saying you're going to sue T-Mobile because someone threw an iphone at your head and you got a bloody nose from the iphone, but the iphone had t-mobile service. Second, you would only be able to sue the actual owner of the trailer hitch, and only if were able to prove that they were negligent in not securing the trailer hitch to their vehicle. Maybe, just maybe, if you were able to find the trailer hitch and it was imprinted with the City of Los Angeles seal/logo, you might be able to sue the City. Otherwise, the City has zero relationship to your friend's accident. Here's where you're mixing concepts. If the City/State/Federal government were responsible for ensuring the safe operation of a City street/highway/freeway, and their negligence resulted in damages, then yes, they may be liable. This is where the whole "i hit a pothole and broke a wheel, the City reimbursed me for the wheel" situation comes into play. However, what you're describing is a road hazard recently created by an individual/company, that the government would have had zero way to prevent from happening. The government could not have reasonably predicted that a trailer hitch would have come undone at the precise moment that it did, and therefore could have prevented a motorist from running into it. If, however, you could prove that Cal Trans had been notified repeatedly over the course of a very long period, you might be able to prove the State's negligence in responding to a road hazard on the highway, which thus resulted in damages to your friend's vehicle. But since you noted the trailer hitch was moving at the time of the accident, and that Cal Trans was alerted to the hazard and actually was looking for it within 10-15 minutes of the accident occurring, then what you should be doing is writing a letter to the State thanking them for their timely deployment of Cal Trans to search for and possibly try and remove a road hazard that could have caused further damage to others.
	Appreciate 1 Quote

02-16-2016, 08:58 PM	#11
jmmoore3 Enlisted Member 21 Rep 34 Posts Drives: NA Join Date: Dec 2015 Location: Illinois iTrader: (0)	He will have to eat this. Concerning comp and collision coverage, the ded for comp is usually much less costly to lower than a collision ded. After all this is over your buddy should ask what a $500 comp ded would be. I mean in reality $2000 for any ded is crazy like said before he gambled and got burnt but he can at least check out lowering the comp ded for the future if he can't afford lowering both.
	Appreciate 0 Quote

02-17-2016, 11:19 AM	#12
SAADTHESAV Captain 268 Rep 905 Posts Drives: '18 SMB F80 M3 CS Join Date: Jan 2015 Location: Bay Area iTrader: (5)	This is why I'm kind of scared of moving down to LA in the fall with my BMW. The roads there are SO bad compared to the bay area. There's literally potholes everywhere and the roads are so uneven. Good luck with your friend man, I think it was just wrong place wrong time.
	Appreciate 0 Quote