Expert: Bennie719 - 11/26/2007

Question
I was driving my classic chevy after work one morning and entered a construction zone.  I was maybe going 10 mph when in the distance maybe 20 yds a sign stated road closed.  I immediately slowed even more and started a u-turn.  as soon as my wheels turned my car collapsed into an open trench in the road where a utility line was being buried.  I called the police as well as another witness. the officers filed a report of the collision finding the contractor at fault since there was no signage to close the road at any point before the hole.  My cars frame has bent and im not able to find a shop willing to straighten it.  What is most frustrating is since i suffered nearly no bodily injury i noto only have to listen to refusals from attorneys i also have some try and dissuade me from pursuing a claim.  this was a completely restored 69 chevy impala 350 custom.  I have pics from the scene pics from showings of the car.  3 witnesses and a report with metro stating the collission was  the contractors fault.  please help all i want is my car fixed. Ive been w/o transportation for a month now and I just keep on trying.  any assistance will be greatly appreciated.
thanks

Answer
Hi Vaar,
A 69 Impala would defenitely be considered an antique because it's over 30 years.  I'm not sure it would be considered a classic.
I hope that after the restoration was completed that you had the car appraised by a qualified antique car appraiser and then insured the car for full coverage for the stated value of the appraisal.
If you did these things, you can file a claim with your own company, have them repair your car, less your deductible, and they will attempt to recover from the construction company and it's insurance company.
If you did not get an appraisal and did not carry full coverage, you are going to have a very difficult time recovering more than the fair market value of a '69 Impala.
Your next option is to file small claims court action against the construction company.  At the time of filing, you will need to list the police officer's name and the witness name and their addresses so they can be subponead to testify in your behalf.
Before filing, you need to get two firm estimates of repair so you will know the dollar amount to file for.
If you never got an appraisal agter restoration, you need to collect all the evidence that you have proving that it was restored.  This includes all bills paid to shops that did work on the car plus receipts for items that you purchased and installed yourself.  You should get a certified antique car expert to appraise the car.  He can look at it in it's damaged contition and still place a value on it's worth before the accident.
About 50% of the states allow an Attorney in small claims court.  If your state has such a law, you would be presenting your case and witnesses and an Attorney from the contractors insurance company would be presention their case.
To learn if an Attorney is allowed in small claims court in your state, type 'texas small claims court laws' into your web browser.  When you find that site, it not only lists Texas law, but you can click onto your own state and learn the laws that apply.
I hope this has been of help.
Your feedback by ratng my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 11-26-07 3:34 PM PST