JaTe

<img src="http://pictureposter.audiworld.com/2849/image05.jpg">

friday night, hit this huge hole in the ground along with 4 other cars. result? 5 cars with flat tires.

my car seems to have taken the most damage. i need two new wheels and tires (one tire has a bubble in it now). the front bumper was scratched underneath from not hitting the hole, but hitting the block that was covering the hole. my xenon headlights are messed up, they point straight down into the ground and dont auto level anymore. i popped the hood open and tried adjusting it with the adjustment screws with no luck.

now when im cruising at highway speeds, my car shakes.

we called the police and all filed police reports and they wrote down that we all had undercarriage damage and also put down on my car that my headlights were messed up. they said to contact insurance and have them take it up with Con Edison.

I called my insurance and they said that if i were to claim, i would still have to pay the deductable and that if wanted Con Ed to pay, i would basically have to sue them.

my questions are:
1. would my insurance go up if i claim?

2. should i pay the deductable and sue Con Ed for the deductable or should i get it fixed out of my pocket and then sue them for all damages?

3. anyone know any good shops in the NY/NJ metro area?

i would like to benefit from this like:
1. instead of 2 new stock wheels, get some aftermarket ones and pay the difference.

2. since i might have some suspension damage, have them install my audi/eibach springs while they're at it.

thanks for reading this long post.

all advices are greatly appreciated.

JaTe
------------
'00 A6 2.7T

DrHandball

I don't know where you'll get with this but at least contact Con Ed and give them a chance to make good on the damages.

Otherwise you would be better off getting your car fixed and then going after Con Ed. If you try to get them to fix your car through a lawsuit, it'll be a cold day in Hades before you get your car fixed. They are responsible for all your damages not just the deductible. Don't forget lost time, rentals, etc.

Typically it takes a civil suit here in Chicago about 5-6 years to come to trial. I've got a cab driver who sued me and my insurance company as the result of an accident in March or April '95 that has yet to come to trial.

Hope this helps. GOOD LUCK!!

captainbilly

I had a similar thing happen to my 2.7t at about 3,000 miles. I grew up in NY and went to college at Columbia so I know that things are a bit different in NYC then California but,. My car recieved about $5000 of damage when I was showered with gravel that the car in front of me kicked up. The gravel was left by a contractor that was doing repair work on the road and they were supposed to clean it up before they let traffic go by. I called the DOT who gave me the name of the company doing the work, then I called the company. They connected me with their insurance adjuster and, with some work on my part, I got them to pay for everything. I did take about 3 months and maybe a dozen calls but I finally got paid. It seems that, at least in California, any contractor that messes up the roads has an obligation to compensate anyone who is hurt by their neglegence.

Give Con Ed a call and try and find their claims dept. The fact that you filed a police report and that other cars were damaged should help. By the way, how do you know who left the grate open, could it have been anyone other than Con Ed.

Bollinger

I think.

First, you shouldn't have fiddled the adjustment screws on your headlights. If you know where they were set, set them back. The screws clearly weren't the problem, do you think hitting the hole messed up the screws and both equally? No, the problem is most certainly that the leveller sensor on one of the wheels got messed up. These sensors are on the suspension and measure the ride height of the car. One obviously got messed up and so your car can't level correctly. You'll need to get that fixed. If they are sufficiently messed up, that your car eventually figure out that they are broken, then you will get a MIL light. Then again maybe not.

You need to find out what your claim falls under. I believe, since it didn't occur due to an accident (you know, a typical bang-up thing), that it falls under your comprehensive coverage, not the collision coverage. Generally, claims made against your comprehensive coverage because there is no determination of fault. The comprehensive portion of your insurance payment is determined by your zip code and other things instead of your ability to drive. So any claim made doesn't automatically lead to a determination that there will likely be more claims in the future like an at-fault accident does.

If someone keys your car, or a rock cracks your windshield, then that falls under comprehensive. So I think this would be the same. Maybe someone else knows for sure.

Finman

which, if it costs them money (some have a figure above which it counts) it counts. He can make an inquiry without making a claim.

LCP

5 of my 6 claims are comprehensive glass claims, and the other is a comprehensive paint scratch claim.

btme

It has to be more than just a monetary basis for raising your rates. The insurance company has to first determine he was at fault--what they usually call a chargeable accident. One of the main reasons for insurance is to provide protection in those instances when it is not the drivers fault. In fact, in many states it would be against the law to raise rates without a finding of fault. I think he has an excellent chance against Con-Ed and his insurance company because of the pictures and because there are so many other driver's affected. As for the insurance, I find it hard to believe they will not go after Con-Ed if they pay JaTe for repairs, which sound like they will run in the thousands of dollars. The insurance company will seek reimbursement from Con-Ed for money they pay under the policy, and they would surely seek JaTe's deductible at the same time. My insurance carrier has done so for me twice in the last 10 years under similar circumstances.

Finman

and do whatever you want with the money (eg. add more and get whatever you want). You do not have to replace with stock equipment. The repair estimate is to get the car back to the pre-incident condition.

It sounds to me that your insurance is not being entirely supportive of your claim against ConEd as there does not seem to be any clear proof (yet) that ConEd is at fault (at least in your insurance companies eyes). If there is a clear, other party, at fault that has insurance, your insurance company should pay the claim with you paying the deductible (or you receiving, the claim amount minus the deductible, in check form), then they should go after the other insurance company (not have you go after them), and you should receive your deductible back after they have recouped their money from the other company. Since they are suggesting for you to sue ConEd, they are either saying:
1. It is not worth it for them to go after ConEd even if they believe it is their fault, or
2. They do not believe the claim against ConEd is sufficient.

If you claim with your insurance company, this will count against your record with them, unless subsequently they recoup all money from ConEd's insurance and it is determined you were at "no fault". I don't know if your rates will go up. That depends on your prior record and the policies of your particular insurance. Mine allows 2 incidents (which include moving violations) within 3 years with variations depending on injuries, death, etc.

If you sue ConEd, but you have received money from your insurance, you can only claim for your deductible, plus associated expenses. Maybe, your starting to have back pain Just kidding, that would be a bigger pain in the ***.

I would recommend (this is what I would do, I think):
1. File a claim with ConEd, this is different than suing them--if I recall correctly, this is a COMMON occurrence in NYC and they have a department to deal with this sort of crap. I know of several people who have had success in filing claims against NYC itself for pothole damage (pothole needed to have been a reported pothole for a number of days/weeks).
2. File a claim with your insurance. This will be the fastest way to get money to get your car fixed. Unless you have a very bad company, even if your rates go up, it should not be that much (~10%), and since you can afford NYC insurance you must be rich anyway
3. If your claim is successful against ConEd, as it should be, you can return the money to your insurance that they paid, which will remove your occurrence from your record with them.

Good luck, sorry this was so long--I'm not very succinct.

timcar

I don't know the law in NY, but I don't think the information they gave you is entirely correct. If you file a claim, you can get the money to fix your car much sooner. In a collision about 12 years ago with the other driver at fault, my insurer paid for the repairs minus the deductible, and then subrogated with the insurer of the other vehicle for their cost, and I think got me a check to cover the deductible. If it doesn't work this way, you could have them pay to fix the car minus the deductible, then send a certified letter with a copy of the police report, photo's, bills and insurance payments received to ConEd's claims department and get them to reimburse you for your deductible. Unless they mishandle it, I don't even think they will hassle you. It's a lot less costly for them to reimburse you for $500 or $1,000 deductible, than to defend a suit in court.

I'm not suggesting you want to do anything like this, but in NJ it's a criminal offence to have a repair shop pad an estimate for non-accident-related damage, etc. So, you might want to be careful how you handle any simultaneous upgrades.

timcar

I did many years ago in a collision related claim and got a check for everything requested before the end of the week. This was for a serious accident in which the their insured driver was obviously at fault. Since ConEd appears to be a fault here, they should make you entirely "whole." You shouldn't have to pay one penny out-of-pocket.