St. Petersburg, FL asked in Personal Injury and Construction Law for Florida

Q: was driving Sunday night and a big piece of metal was in the street on the bridge of where there is alot of constructon

it did alot of damage to my car who pays for this

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Contact your insurance carrier, which will pay to fix the damage and in turn require the insurer for whoever left the metal on the street to pay your deductible.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Thorgaard, but his answer works only if you have comp/collision coverage. If you don't, or if you'd rather not make a claim to your own insurance, you would set up a claim with the insurer of the entity that left the piece of metal in the street. Might've been a county/municipal entity's own employees or, more likely, a contractor of the county/municipal entity. I would start by asking your local Public Works Dept. If you couldn't settle with the insurer, then you'd need to file suit, which would be in small claims court if the repair costs no more than $8,000. In the less likely event that the county or municipality itself is responsible, rather than a private company, and they are "self-insured", then you'd have to submit a notice of claim to the entity with certain language strictly required under Fla. Statutes Section 768.28, giving it six months to settle up with you (and if not then settled, you'd need to file suit). That would get into a lot of technicalities you'd need legal advice for.

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