How do I get payment for my damaged car if the gas company is doing construction a block from my home and I ran over their debris?

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How do I get payment for my damaged car if the gas company is doing construction a block from my home and I ran over their debris?

I believe it was a large chunk of concrete in the road. My transmission was

damaged and my car is now inoperable. I have a video showing a huge pool of transmission fluid outside my home with a clear trail leading back to the site where they are doing the construction. I have called them repeatedly and they will not return my phone calls.

Asked on February 16, 2017 under Accident Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to get compensation if they will not voluntarily provide it would be to sue them. To win, you would need to prove by a "preponderance of the evidence" (that is, that it is more likely than not) that the damage was caused by road debris which they had negligently or carelessly left lying in the road. The video you have would be helpful, as would be your own testimony; you will likely also need a mechanic to testify that the damage was caused by impact (and not, say, wear and tear or mechanical failure) and as to the cost to repair.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to get compensation if they will not voluntarily provide it would be to sue them. To win, you would need to prove by a "preponderance of the evidence" (that is, that it is more likely than not) that the damage was caused by road debris which they had negligently or carelessly left lying in the road. The video you have would be helpful, as would be your own testimony; you will likely also need a mechanic to testify that the damage was caused by impact (and not, say, wear and tear or mechanical failure) and as to the cost to repair.


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