| Henry W Bergman |
| Henry W Bergman due to their negligence they tarred our car and they say it is our fault Genoa, Ohio |
| 15th of Nov, 2010 by User672334 |
This
occurred on 9/23/10. We filed a police report with the Henry County Sheriff.We
were on county road P and turned onto county road 3A which is a road leading to
our home.We saw two big trucks,which were taking up the whole road coming in
our direction. We moved our car off the road into the grassy ditch,to allow
them to pass.They continued past us and then we went back onto the road and
continued home. We went out to take a walk later and noticed the tar like
substance all over our car. We called the Henry County Sheriff and they came
out and took a report. I called A Damascus TWP. Trustee,to find out who the
company was that did the road work.He said he would have to call me back. He
called me back and said the company who
got the contract was: Henry W. Bergman Inc.,who's business was located at 218 E. 9th St. in Genoa. I called my
insurance company which is Progressive Insurance.They had me take the car to
one of their approved shops,which was Batt&Stevens,located at 7959
Independence Rd. Defiance Ohio 43512. A
adjuster from Progressive went to look at the car and called me with an
estimate of $777.88. Progressive would pay $277.88 and I would have to pay my
deductible of $500.00. I told them to go ahead with the repairs.I called the
Damascus TWP. Trustee,which I talked to earlier and gave him the details. He
said he spoke to the owner of the company and that they would take care of this
problem. On 10/29/10 our car repair was finished and we went to pick up our
car. After I had talked to the Trustee I thought Henry W. Bergman would have
taken care of the bill,but they had not. I paid my $500.00 deductable to
Batt&Stevens and took my car home. Well on 10/1/10 we got a letter from
their insurance company,State Auto which said after their investigation they
found their insured(Henry W. Bergman) was not at fault. I called State Auto and
asked how their insured was not at fault. She said she spoke to the two drivers
and they told her they were waving their arms for us to turn around. If they
did,we did not see them do this,and like I said we pulled off the road into the
grass and stopped while they continued to com towards us and then they passed
us. We had our windows down and sunroof open and they said nothing as they
passed us.On the Arrive Alive website I found an article on Negligence by a
road construction company and vehicle damage. It says:"In our law a
person(including a legal person such as a construction company) is judged to be
negligent where:He should reasonably have forseen the possibility that the
occurrence of the consequence or the existence of the circumstance in
question;and He should reasonably have guarded against that possibilty;and He
failed to take the steps which he should reasonably have taken to guard against
this" "Construction companies operating in the field of road
construction will be deemed as experts in their area of activity." They
will be aware of vehicle paint damage from tar and other road construction
liquids. They are expected to guard against these consequences.The courts will
measure the conduct of the construction company to a reasonable standard-that
of other construction companies in the same position.If another construction
company would have foreseen the possibility of the consequence occurring-and
have taken steps to avoid the consequence, then the failure to do so would be
deemed to have been negligent.I fell that there should have been signs of some
type put up and the road should have been closed while they working. When they
were done with the road, it was left open with the fresh asphalt mixture to
cure and dry as vehicles continued to use the road.The company owes me $595.85
And Progressive Insurance 277.88. |
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| we lost because judge ruled in error and being the small guy, there is no one to protect us |
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