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by TrafficDiva from St. Louis

Last Post 16 days, 14 hours Ago


Who Will Pay?
Dec 12, 2007 | 6:04 AM
Category: Traffic
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There is a major pothole causing damage to vehicles driving on Highway 40 near the construction at Brentwood. I got this email from a viewer over the weekend with a very valid question. Do you know the answer?


Monica,

Myself along with about 5-6 other automobiles hit a series of potholes in the middle of the 40 construction at Brentwood Sunday around 11. The potholes caused all cars to have flat tires, one was undriveable and had to be towed, my car has extensive damage to the frame. I will be filing a complaint with Gateway but was wondering if you or anyone that reports on the construction has heard of these problems? MODOT was
basically no help and simply told me to call Gateway and
that I was pretty much at their mercy. Do we have any
options with this problem, does Gateway have contractual
obligations to maintain a safe highway in the construction
zones?

Thank You

Monica,

I wanted to let you know that the problem is not fixed and MODOT was repairing tires and cars again this (tuesday) morning. There were about 5 cars on the side of the highway, and my girlfriend hit the same hole. This is not an average pothole, I guessed it to be 8-10 inches deep and 3-4 feet long when I hit it.

Darin
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Member Comments Total Comments: 9
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mr_wildflower read my blog view my photos
Dec 12, 2007 | 6:19 AM

Good luck on getting anymore than the flat tire fixed.....

A T V camera on the actual hole would probably speed up getting the hole fixed but mo dot just dont get in no big hurry....
TexasShawn read my blog view my photos
Dec 12, 2007 | 6:38 AM

Generally speaking, you would pay for the repairs yourself and then submit a claim to MoDOT, or if you were on a city maintained street it would go to that respective city. Because this is a construction zone, MoDOT may send your claim to Gateway Constructors insurance, but I can't say for sure. Either way, I would start by submitting the claim to MoDOT and then let them send it on to the respective agency.
asmerelda read my blog view my photos
Dec 12, 2007 | 7:02 AM

Good Question!!!!! Who will pay? Good Luck!
TexasShawn read my blog view my photos
Dec 12, 2007 | 8:31 AM

I just spoke with Gateway Constructors, they will be taking the claims on this particular pothole because it was in their workzone. Had it not been, the claim would have gone to MoDOT.
Speedy62269 read my blog
Dec 12, 2007 | 8:21 PM

MODOT has this crazy rule that you need to have proof that such pothole existed for 30 days.

http://mdotwas1.mdot.state.mi.us/public/damage/

I thought it was 24 hours which is more realistic. I hope Gateway Constructors has good insurance coverage because they'll be going through tons of claims in the next 2 years.

TexasShawn: You didn't call my page back! You missed some good 411.
FIGMAN read my blog view my photos
Dec 13, 2007 | 12:08 AM

Another thing to do is to make a claim to your insurance company and provide the contact info to them and they will subrogate the claim to the responsible party. Subrogate means they will go after the responsible party. In this case you will have to pay you deductible and if the subrogation is successful you will get your deductible back.

On the other hand if MODOT or the contractor is taking full responsibility then by all means contact them and give them the repair bill. By the way if they take responsibility then they would also be responsibility for a rental car while yours is being repaired along with any other out of pocket expenses, such as lost wages. You will have to prove your lose of wages.
TexasShawn read my blog view my photos
Dec 14, 2007 | 4:37 PM

Sorry Speedy- I don't recall getting your page. Unfortunately an area home nursing company has my pager and I get a lot of erroneous pages- its hard to decipher. Feel free to use my email- shawn.lindsey@fox2ktvi.com
Vacuum-Cleaner read my blog view my photos
Dec 15, 2007 | 5:53 PM

Monica,

I have emailed you a couple of times giving you my contact info and had not heard back.
fox2nut read my blog view my photos
Dec 17, 2007 | 11:55 AM

GET THE POT HOLE FIXED GATEWAY.
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TrafficDiva

Aside from my work at Fox 2, I am also the host of The Health & Fitness show on KMOX Sundays from 1-3pm. I have been the Head Fitness Trainer at Riverchase of Fenton for almost 9 years. I also write a health article for Streetscape Magazine in St. Charles. As for my personal hobbies, some of my greatest passions in life all relate to music. I have been singing and dancing since I was 3. I have also been an athlete since I was a kid, excelling in the sports of soccer, softball and basketball. I am extremely close to my family and miss my father daily. We lost him September 12th 1995. He and my mom would dance and you would think it was poetry in motion. My mother is one of my dearest friends, I have two brothers and a sister, all of whom are older. I am blessed to have many friends and acquaintances. I also love animals and have a beautiful dog named Kyra, who just turned 8 in September. I also adopted Kailei from the Humane Society of Monroe County in May of 2007, she is an amazing puppy. She is being trained by Casey and Shelly Ray with Team Dog St. Louis. I swear they are just like Cesar Milan, The Dog Whisperer. They even have their own little pack :-). Give me my family, friends, a great man that I fall in love with, pets, music, sports, a nice restaurant, a good martini and a sharp sports car and I could live forever! :-) LOL. Thanks for reading.

Member Since: 9/13/2006


 

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