View Full Version : my car is still out of commission

Ty Vil
09-16-2003, 02:05 AM
My first day posting again and I have bad news

At 9:30 on the evening of July 31, 2003 I was driving on a road in the city that makes a sharp curve to the right or an “S” turn. It was dark and almost immediately after coming out of the second curve and resuming a straight course my car hit a severe bump in the road. There were no visible warning signs and since it was dark and I was just coming out of a corner I had no way of knowing of the obstacle in the road until my car hit it. I want to put emphasis on that I was doing the speed limit

Going back the next day to take pictures we discovered:

A city work crew or crew that has contracted to the city dug out a portion of the street leaving a severe bump. A more accurate description would be a small curb. The city erected warning signs on the street for traffic going in each direction. I didn’t see any sign in the east bound lane. My father & I returned to the site on the following evening before dark to take pictures. At that time we discovered the east bound sign laying face down. When we set it up we discovered that the support legs were in the shape of a narrow tripod. By contrast the west bound sign had a tripod stand with a wide base. The east bound sign stood for about 30 seconds until the breeze from the first passing car caused it to topple face first. That's what happened to my warning sign.

Took pictures of the whole scene described the incident in detail and sent it all to the city. I got a bid for the damage to my car. Other then the turn signal popping out and leaving a small ding in my front fender theres no damage you can see. However I did bend all 4 wheels and trash my front strut towers and front suspension and a few other things to the tune of $5200. Took forever to get the bid from Rasmussen BMW, had to go back twice because they had to tear the car apart to find out what was messed up and get the part numbers for my Schnitzer suspension. Sent the bid and everything to the city. They were very kind however, the job was the responsibility of a private contractor. The city sent my claim to the contractor last week and now I'm waiting to find out what they're going to do. If they don't pay for it, I'll turn it into my insurance company and let them go after the city.

I haven't had my car since the first of August and I have no idea when I'm going to be getting it back.

Jon Shafer
09-16-2003, 08:17 AM
Sorry to hear it Ty...

This explains why you never came to visit me the first week in August
at Cutter as planned...


09-16-2003, 09:53 AM
Sorry to hear this . . . did you notify your Insurance Company at all ?

It sounds like you haven't and if that is the case you are taking a chance that they might not cover you . . . a claim needs to be reported in a 'reasonable' amount of time and it's been over 1 1/2 months . . .

This is a just a thought for you as I wouldn't want to see you turn it over to your Insurance company and then find out you are declined since it wasn't reported . . .

Good luck and I hope everything works out for you.

Ty Vil
09-29-2003, 12:23 PM
Still waiting on the idiots at Western States Paving company. Now waiting for a lettter that was supposed to go out last week. I'm still stuck driving a Ford Taurus although I should get the E30 back soon. I'm getting very frustrated to put it lightly.

OH and AF330i, we've told our insurance agent about whats going on so she knows but we haven't filed a claim as we're waiting to see what plays out.

Ty Vil
12-03-2003, 07:23 PM

It's been four months now that I haven't been able to drive my car and I just got word from my attorney whose been dealing with the paving company that they're talking about settling to avoid being sued.

This leaves me a few options, settle take the money get my car fixed and get away. Or sue them go for more money and risk losing, and if I do win I'll still have to try and get them to pay my attorney fees, that's a big gamble.

The bid to get my car fixed is $5000, I'm thinking about offering to settle for that much plus my attorney fees. While this wouldn't cover my loss of use for my car for the last four months it would get this ordeal over and get me back on the road. This includes my new front suspension plus replacing my four rims at $525 each.

Any advice from the community?

Nick325xiT 5spd
12-03-2003, 07:41 PM
If they'll settle for the cost of repairs plus attorney fees, go for it. I get the impression that your car still hasn't been fixed... If this is the case then make damned sure that the settlement includes a clause requiring them to cough up more money if additional damage is discovered.