Q: I recently had on of my windows on my 95 Chevrolet Suburban shattered by a DOT road crew weed whacker.
It was an accident, and DOT admitted liability and will pay for a new window. However, I had to use tape to cover the shattered window to mitigate further damage. Upon the removal of the tape, it caused damage to the paint around the window. DOT refuses to pay for the paint damage, saying I caused that damage. I contend that I would not have had to use tape had the window not been shattered, which, again, DOT accepts responsibility for. When I submitted my claims paperwork the adjuster stated that "if our guys had taped it for you, then we would be having a different conversation." I then asked "do you have guys that could have shown up on the scene and taped my window for me?" to which he replied "no, we don't." Should DOT be responsible for consequential damage (in this case, paint damage caused by tape) associated with the initial damage (rock launched through my truck window by the weed whacker from the DOT road crew) they admit fault to? It seems to me one caused the other.
A: DOT is probably also responsible for the damage caused by the tape.
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