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Auto Insurance Claims/Liabililty for road hazards

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Expert: - 1/29/2009


Question
While driving on CA interstate 15 my vehicle was struck by debri after another vehicle ran it over. The damage is about $1,800, my deductible is $300. can I file a claim against the state to recover costs I pay since the debri was laying in the freeway lanes? If so, what do I do?

Answer
Hi John,

It has been my experience that states cannot be held resposible for anything.
They cannot be sued, nor municipalities because they are if you will "Above the law."

I had a similar situation happen on the interstate in Indiana last summer. Damn trucks and their recaps!
Tire let go from semi in front of me. Fortunately, I was far enough behind that it only took out my grille. If I would have beenn farther back or closer, I would not be writing because it would have gone through my windshield.

I found 300 miles worth of Indiana hey filled with tires and other debris. Don't know if this was from job cut backs or what.

To my knowledge states consider these acts an act of God and they are not responsible.

Rob

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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