Road Construction Vechile Damage.

**amant02** · 16-10-2013 01:03 AM

Hi All,

If your from NSW South East, you would know there is construction going on the M5. Tonight as i was driving home from work, Massive! stones hit my car, really big ones.

Cracked my head lights as it flicked from the car in front. Dented my bonnet and scratched my front bumper.

Now i don't really wanna claim insurance for something that's not my fault. Excess is 2k and for 2k i can get nice JDM goodies to replace the current stock ones.

Hell I don't want to use any of my monies! As its not my fault and I cant really see pot holes in the dark till the last moment as there are a few dips in that section of the M5 (Moorebank RD entry going towards Campbelltown.

So, would I have a case if sued the construction company for the cost of my car. I don't love it anymore as it wont be original no more.

Even if i can re coupe the repair cost, ill just sell off for cheap and jump into another car.

Will I have a case here against whom ever is responsible, construction company, local council ??

**Super-DA9** · 16-10-2013 07:18 AM

You should take this question to a professional in law. Ozhonda users are not (necessarily) legal experts.

Sorry to hear about your car though.

**daevilone** · 16-10-2013 07:58 AM

Pretty sure you've got nothing as the response would be "you should have been further behind the car in front" =( sad times

**curtis265** · 16-10-2013 09:49 AM

I'm more inclined to say the construction management group however they put signs up for a reason.

If it wasnt there you may have a leg to stand on.

**bennjamin** · 16-10-2013 10:28 AM

good luck mate , you would have to throw a considerable amount of money and time to prove you were even there for the car to be damaged in the first place , then go on to prove the rocks are from their work etc etc.

The best bet would be pleading directly with the road works company via a professional letter stating as much fact as possible and requesting the repair of your vehicle or further action will be taken.

Ofcourse - this is just pure luck if they take the bait. If they ignore you or deny then you have 0 chance of any compensation IMO

**amant02** · 16-10-2013 12:05 PM

Originally Posted by curtis265

I'm more inclined to say the construction management group however they put signs up for a reason.

If it wasnt there you may have a leg to stand on.

No signs, Just roadworks 80km then 40km signs

**davek** · 17-10-2013 03:45 PM

Bennjamin is dead right. You have a good argument in that there was a lack of appropriate signage.
Go see a lawyer and get a demand letter to that company.
They will have an insurance company that deals with such cases and you will be fighting them.
I was in a similar situation years ago, had a bike damaged and was injured myself, and got nowhere.

**dougie_504** · 17-10-2013 04:25 PM

Speak to the council. I know a bloke in Vic who got a rim repaired + a new tyre after a puncture due to road work.

Best place to start.

**khanguskhan** · 17-10-2013 07:31 PM

Originally Posted by dougie_504

Speak to the council. I know a bloke in Vic who got a rim repaired + a new tyre after a puncture due to road work.

Best place to start.

This blokes rim was gold by any chance? For a blue car?

Just random curiousness LOL

**dougie_504** · 19-10-2013 07:34 AM

Na lol

**amant02** · 21-10-2013 08:59 PM

I have written a letter to the local council still awaiting them to respond. I hate seeing my car like this. I have decided to move on and just go do the repairs. So far cost, 2.4k and no paint on new panels yet.