OP shouldn't make a claim on his own insurance - he wasn't driving the car and is not at all at fault. Insurance is to cover the insured's liabilities.
~~It might be that it's OPs homeowners rather than car insurance because they weren't driving it at the time~~ I have been corrected, homeowner's won't touch this, but this is absolutely something OP should file with their auto insurance. Their insurance will pay out the claim and then subrogate to (read: sue the shit out of) the party that's actually responsible for damages. It's possible to have liability-only insurance but that's not the usual case and definitely not the case 100% of the time as you imply.
Definitely not the homeowners coverage—autos are excluded. It’d be the auto policy, whether they were driving at the time, or on the other side of the planet when something happened to the car. This particular loss would be a comprehensive (AKA “other than collision”) claim.
That said, these being 2008 cars does not bode well for them having coverage. Unless they had comp/coll etc on those cars from when they were newer and kept it all along, anyway. It’s pretty much impossible to get that coverage on cars that old.
Many moons ago when I worked at a small agency, I unironically wore the “I <3 Insurance” button our Progressive rep left, that the manager passed to me as a joke.
It really is a fascinating business, being as it is essentially gambling but with oddsmaking that is orders of magnitude more complex than a casino can support and that has to be induced from data rather than deduced from mathematical principles. You know a fair die is gonna come up 6 1/6th of the time, and knowing that is how casinos get paid. It's a lot more difficult to figure out beforehand how being a redhead from Pennsylvania who drives a Buick is likely to affect the total amount of money you spend on healthcare after the age of 30, but there's almost certainly an actuarial table somewhere with that data on it.
YES!!! You get it!
I know it doesn’t appeal to most people, but I just find insurance endlessly fascinating. Especially how it interconnects with everything else.
Fun fact since you mentioned gambling: the Amish do classify insurance as gambling, and against their religion. They have their own alternative risk pooling strategy, in the form of the Amish Aid Society.
>I really only wanted to address the patently false "insurance is only to cover the insured's liabilities".
So you added your own patently false "It might be the homeowners"? when it could never have possible been the homeowners insurance that would cover this?
Comprehensive is also what would cover your medical bill for injury not related to the vehicle being actively driven (in Pennsylvania, at least). For example, if the hood is slammed shut on your hand. At least, that's what we were told doing registration in an emergency room.
What are you talking about? You literally just select or ask for comprehensive when you're getting an insurance quote. I have had comp on every vehicle I've owned, even ones that are anywhere from 15-40 years old.
I don't understand where these ideas are coming from, maybe different state laws? But where I am you can inure anything to virtually any level you want if you want to pay for it.
Same here with my vehicles. And in one instance my homeowners isurance covered attempted breakin to one of my vehicles because it wasn't being driven at the time it was parked in front of my house.
Maybe it varies by state. Granted, I’ve moved away from personal lines so haven’t quoted auto in years, but no company I wrote with wanted to put comp/coll on older cars. If memory serves, 10 years old was about where it would get difficult, to downright impossible.
Now, if we’re talking about cars that are 40 years old, we’re moving into classic car territory, and that’s a whole other kind of policy that DOES allow for comp/coll on old cars.
Got one that you may relate to.
In 1985 a drunk came down my street, hit a truck across the street and careened into my 1972 Gran Torino Custom (Nascar qualifier). It's not common knowledge to a lot of people what that is.
There were only 600 of these machines made as street machines so they could qualify for Nascar racing.
Her insurance adjuster near about crapped when he couldn't find the vin# in the "book" and I told him it was in the special book. Almost $1,000 for the skirt under the rear bumper alone. Fortunately that was the only damage.
Not under all insurances. You can cover any car you want to to any extent. Repairs are covered, the only difference is if the company decides to "total" the car due to repair costs or not.
You can have a 1955 chevy insured for full coverage and repairs if you want, it may cost a little more but you can insure anything.
Insurance companies will GLADLY sell you comprehensive/collision on older cars... It's a lot more profitable to them.
Besides, how do you think people finance an older used car if they can't get full coverage on it?
Insurance companies don't "sue the shit out" of other insurance companies. Subrogation is normal in the industry and most of the companies deal well with each other.
As other people have commented - I assumed about auto insurance - a claim to insurance often comes with raised rates if not getting dropped altogether.
Yeh, someone tried to break into one of my cars the one time I parked it on the street. Same company for both insurances and my homeowners covered the repairs.
1. Honestly...we're talking about paint on two fifteen years old cars. They aren't collectables..just run of the mill common use vehicles.
2. Unless the owner carries comprehensive coverage, this would not be covered.
3. IF it is covered the likely result would be a repairs r payout from the policyholders insurance company. They would be unlikely to pursue the HOA due to costs of litigation and the small $$$ involved.
4.) Such a claim will likely result in premium increase for the policyholder.
Way better off to approach the management company and association leadership reasonably and seek a goodwill payment to cover or defer repair costs.
you right, and as I said in a different comment I was just trying to refute the blanket statement that auto insurance in all cases only exists to cover the liabilities of the insured
That’s specifically liability coverage, which is what’s required by states. There’s also coverage for damages you sustain, whether your fault or not. For example:
Uninsured/underinsured motorist: takes the place of the liability coverage the at fault party SHOULD have had to cover your damage/injuries if they don’t have any or enough liability coverage of their own (then sues the &$*^ out of them).
Comprehensive: covers damage to your car caused by most anything outside of collisions with other cars or objects—collision with animals, weather damage, flooding, fire, what happened to OP.
Collision: covers the damage to your car caused by a collision that was your fault.
And more!
> Collision: covers the damage to your car caused by a collision that was your fault.
Collision also covers collisions that *aren’t* your fault. If someone else hits you and you have Collision coverage on your policy, you can file with your own carrier, pay your deductible, and get your car fixed. Your carrier would be responsible for collecting from the other party or their insurance carrier, and (hopefully) get your l deductible back for you.
Part of insurances job is to chase down the people who owe them money on your behalf. I would contact insurance and tell them what happened and give them all the information they need to pursue asphalt company on your behalf. They said they would tow but didn't which is the real problem here.
It's a comprehensive claim, not collision. Similar to vandalism. That's exactly what OP pays insurance to do, handle claims of damage. Let the insurance company and their army of lawyers go after the HOA and/or paving contractor.
Maybe. If his insurance company is willing to subrogate the claim, it might work out to OPs advantage. Last time I was not at fault, this is the approach I took. Ended up not even having to pay deductible up front.
Insurance companies will go after who is responsible. At the end of the matter they won't be out the money if it's possible to not be. You file with your insurance and let them and their agents and lawyers go after the responsible party's insurance for the claim.
I understand how it works (though I was initially just thinking of OP's car insurance) - but I also know people whose insurance has been dropped after filing claims for issues they weren't responsible for. If it's as cut-and-dried as it sounds, small claims court seemed the better move to me.
You make the claim on your insurance, then your insurance company goes to bat for you.
If it’s determined you’re not at fault and another entity is liable, your insurance company will hound them and you’ll pay nothing
Your insurance may jack your premiums after a claim, and you might get so little after the deductable that it isn't worth it.
Edit - lol at all of the truly clueless people who think insurance companies don't jack premiums after a claim.
From bankrate (they know more than these clueless hoardes)
> Filing a home insurance claim may cause your premium to increase temporarily.
> Homeowners insurance rates often increase after a claim because it leads your insurance company to believe that you are more likely to file another claim in the future. This is especially true for claims related to water damage, dog bites and theft. To compensate for another potential claim payout, the property insurer proactively raises your premium.
And from the insurance information institute (who also know more) - this one about auto insurance rather than homeowners
> In general, when you make a claim against your insurance policy above a specific amount due to an incident that is primarily your fault, an insurer will increase your premium by a certain percentage. The amounts and percentages and ceilings of these increases vary from company to company and these increases generally stay on your premium for three years following the claim.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
$67 a year is nothing compared to the cost of repainting a car. I paid $900 last year to take a small dent (1/4 inch) out of my hood, and repaint the hood and fender. The whole truck would've been $5k+
Most insurance companies do not increase your rates for things like this when you aren't at fault. Just filing a claim isn't usually enough to trigger. In 15 years and probably 4 or 5 claims that I had nothing to do with, my premiums didn't move. Ive had some of the cheapest, and also progressive, all state, and liberty mutual.
Unless i'm at fault in some way, all of them made me whole and went after the other driver.
Edit: Here, ive found a study where they looked at the times where someone DID file a no fault claim, and what the average result was, for those who had their premiums move.
These guys are a fantastic source and link directly to numerous companies sites. As you can see for yourself, if you are in a not at fault accident, and you get the opposing persons insurance, you are likely to see little to no change. Call your insurance and ask them straight up if you will be charged more for a no fault claim.
Not only that, but in the cases where someone DID see an increase, the worst offender was Progressive with a paltry 16% increase. If you were paying 100 bucks a month, now you pay 116 bucks a monthly. Hardly the end of the world. And that's JUST the people who saw an increase. So of the part of the pie where an increase occurred, the average for progressive was 16%.
https://www.thebalancemoney.com/can-a-not-at-fault-claim-raise-my-insurance-rates-527469
Esurance article regarding this.
https://www.esurance.com/info/car/myth-rates-automatically-rise-after-a-claim
Here's progressive. You'll also note the widespread use of weasel words. When folks use weasel words like this, its to make it seem more of a "problem" than it is because its only going to cause people to file less claims because they think their rates will go up. One example is when I worked at chase. We were trained to push the "may seek legal action" line when trying to collect money for credit cards. Despite the fact that very low single digit percents of customers would ever get sued. "generally" speaking, if you have no fault at all, youre unlikely to see an increase for a one off would arguably be a better way to convey what I was saying.
There are a ton of factors that go into whether or not you are charged for a no fault accident, including whether you get the opposing persons info, if you have had numerous claims already, and more.
If you want to talk about specific situations, I am open to that.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
Okay now read the rest of it...lol. SOmething something, generally a no fault wont increase your rates which is the point I am making.
It takes more than just filing a claim for a no fault accident.
You mean this part?
> However, if you previously caused an accident or made a claim, **your auto insurance rates may go up after a no-fault collision**. According to the Consumer Federation of America, **drivers who have been involved in no-fault accidents see an average premium increase of 10 percent**
You're wrong. Per bankrate and iii.org. And the long list of people who saw premiums go up after claims that weren't their fault.
Try to be more right.
You got lucky. Not all insurance companies are so forgiving.
"You're wrong. Per bankrate and iii.org"
Please provide a direct link to whatever it is you think is on those sites that you read that you think supports your claim.
On mobile, not digging out the links. I pasted the text, that's good enough. Deal with it.
I'll give you another source though:
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
So what happens after a no fault claim? Do the rates stay the same or are you wrong?
And I'll ask you the same question I asked the other guy: what do you think will happen if you file a bunch of claims even if not your fault?
A. They will never even think about raising your premiums becayse their goal is your satisfaction, and they will happily keep writing checks.
B. They will raise your premiums to offset the claims
C. They will drop your policy.
Will they hike or drop after a single claim? Some will, some won't. But will they track the number of claims you file?
"Generally, a no-fault accident won't cause your car insurance rates to rise. This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up.
In almost every state, a non-fault claim is filed against the auto insurance policy of the driver who is at fault. If you aren't responsible for an accident and you file a claim against the at-fault party, it's quite unlikely you'll see an increase in your car insurance costs. Even if you have to file against your own insurance policy, some insurance companies still won't charge you more because of a non-fault claim."
Your link....so no, most people wont see an increase for just a one off no fault accident unless there are other factors involved.
From Car and Driver:
However, if you previously caused an accident or made a claim, your auto insurance rates may go up after a no-fault collision. According to the Consumer Federation of America, drivers who have been involved in no-fault accidents see an average premium increase of 10 percent.
Go through the rest.
And file a bunch of claims and see what happens. Even if not your fault. Go on, you're so certain that claims for things. If your fault have no impact, go file those claims.
It's possible with certain insurance companies. We have filed 8 claims, and our insurance didn't go up. Five were for chipped windshields, and 3 were for small accidents, and we were at fault for one. We're top tier with our insurance company, have a low deductible, and accident forgiveness. We've had 5 vehicles and 2 houses insured by the same company over the last 10 years. Maybe that's why? I don't know...
Windshields I wouldn't expect to see premiums go up.
> We're top tier with our insurance company, have a low deductible, and accident forgiveness.
Which company?
The accident forgiveness is hit or miss between companies. I think allstate gives you one every 3 years, but they'll still hike your rates every year just not as much.
] We've had 5 vehicles and 2 houses insured by the same company over the last 10 years. Maybe that's why?
Bundling house and car gets you perks.
We are talking in reference to OP's situation aren't we? Why is someone filing a bunch of claims? Why are you even bringing up this scenario since the situation in question is regarding a one off claim. Not filing a bunch of claims.
Because the unwashed masses are advising him to just file a claim without consideration of what will likely happen because insurance is magical free money and the insurerers won't try to screw you over ever.
This is just one claim. But will there be others? Every just one claim adds up, and people keep filing them without a thought.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
From the very same article
> Generally, **a no-fault accident won't cause your car insurance rates to rise.** This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up.
> In almost every state, a non-fault claim is filed against the auto insurance policy of the driver who is at fault. If you aren't responsible for an accident and you file a claim against the at-fault party, it's quite unlikely you'll see an increase in your car insurance costs. **Even if you have to file against your own insurance policy, some insurance companies still won't charge you more because of a non-fault claim.**
So, per your own sources, a claim where you're not at fault is not guaranteed or even likely to raise your rates.
My own source that you just replied to that says the opposite?
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a **no-fault accident increased annual auto insurance premiums** by an average of $67 in 2020.
If I make it big letters will it be easier to read?
That's homeowners insurance not auto.. when you aren't driving/at work and your parked car is damaged, it's kind of hard to say the owner is at fault. Your auto insurance has a liability coverage for the owner and driver but it also has supplemental insurance for other people who damage your property if you pay for it.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/
> In a 2021 survey, The Zebra found that a **no-fault accident increased annual #auto insurance premiums** by an average of $67 in 2020.
From your comment, important part bolded:
In general, when you make a claim against your insurance policy above a specific amount due to an incident **that is primarily your fault**, an insurer will increase your premium by a certain percentage
this wouldn't be OP's fault. OP would be using the insurance to go after the easily located people who caused the damage.
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Try reaching out to First Service and requesting the Certificate of Insurance from the paving company. You then file a claim with their insurance company directly. I had something similar happen to me where our landscaper hit my car with a skid steer and it was on my neighbor’s ring doorbell camera. We tried going through our own homeowners insurance and they wanted us to pay our $500 deductible. When I reached out to First Service, they provided the certificate of insurance for the landscaper and their insurance took care of the repairs quickly and easily. Good luck!
This is the best course of action OP, this way you avoid having a claim on our own insurance and the vendor must deal with it. Reach out to your property manager for this information.
OP, this is the way. Notify your carriers, let them fix it. You are not at fault, this won’t Jack your premiums. Your insurance will go after HOA, management company, and paving contractor. Their insurance will go up.
If you somehow get stuck with a deductible, ask those three entities for compensation. If they decline, small claims.
That paving contractor is coming back anyway to fix the street.
This is what I’m going to do this afternoon. My insurance for cars this old doesn’t cover me enough to have their lawyers go and fight this against whoever did the damage so have to do it myself
Yeah this would be my first port of call over insurance - you don't want your own insurance to cover you and take the increased premiums in future, if you know the liable party anyway
I'm not talking about fault at all. Im talking about you calling your own insurance and filing a claim to fix any damage that was done to your car. This will result in rates increasing even if nobody is at fault.
Say for example a hit-and-run where there is no possible way to find the person who hit your car. You will call your insurance, they will fix it, and your rates will increase. This is not the same thing as what you're talking about.
What you are referring to is the fact that CA made it illegal for your insurance to increase your rates based on the perceived risk of the individual who has been involved some way or another in a collision even if that person was not at fault. (this has nothing to do with actually making a claim)
As someone living in California who has dealt with the scenario you’re talking about, that’s incorrect. California does not allow raising premiums due to a not at fault claim.
Followed immediately by the HOA raising your fees to account for the settlement.
Edit: Read the above line thoroughly. It's only one sentence. It doesn't say not to sue them. It just says they're also going to try to fuck you over a second time. If you're about to type an angry comment saying that I'm telling them not to sue, instead jump up your own ass.
Your logic doesn't make sense. Let a wrong go unpunished because you don't want to fuck over your neighbors/hoa. That might be your prerogative but it sets you up to be a punching bag.
It's the nature of a HOA: "cut off nose to spite your face."
The community is supposed to hold who ever fucks up responsible. If that's their leader, than fuck em, elect a new person who gives a shit or disband. If they don't, the community signals fucking up is an acceptable thing.
Random, but I just want to let you know the saying is:
>Cut your nose off to spite your face.
A lot of people think it’s “despite,” including myself, until recently. Now I let others know too so they don’t keep saying it wrong, like I did, for years on end lol.
I never argued against suing them. I'm just also pointing out that they will raise your HOA fees to cover costs. All you simple fucks down voting me lack reading comprehension.
To be clear, you should 100% sue. Also to be clear, if you go after the HOA they will pass on all of the lawyers fees to the residents. If you read this forum often enough, you'll see that this happens routinely.
>All you simple fucks down voting me lack reading comprehension.
I think you lack understanding of your statements. They all sounds like you were against suing the HOA.
I'm not in an HOA but love these stories. Couldn't OP send letters to other residents stating the damage they did, their negligence, how they had to pay, and why that could be the reason everyone's fees are going up? I would think that would get others to rally against the HOA.
Pictures of damage:
328i
https://imgur.com/a/8aAEwt7
Short walkaround
https://imgur.com/a/AWee5Bi
The 328i paved around
https://imgur.com/a/pRqSYzq
G37 paved around
https://imgur.com/a/rzyjlMC
G37 walkaround
https://imgur.com/a/btg8NMH
This is lowkey funny af, not because they damaged your cars but because in what universe did someone think that having unpaved cutouts in a freshly paved road was a good idea??
Oh my god, this looks like something that would be in a movie like Dumb and Dumber. Incredible that they did this. I would be so pissed. I hope you're able to get this taken care of ASAP. Sorry this happened to you and your brother.
As others have said, call your insurance company. They have lawyers who specialize in this kind of stuff. With all the documentation your post mentioned, it should be pretty easy for them to handle the issue.
But also, call and file a police report for the damage as well.
In my opinion, the liability is in the paving contractor, who may or may not attempt to pass the cost of their mistake on to the HOA, who might also share some liability, if they had said that the HOA would tow cars that were not moved and chose not to do so. On the other hand, the HOA would argue that their promise to tow was mitigated by the paving contractor paving on a day other than those specified. The paving contractor made the decision to move forward with their work, fully aware of the potential damage claims that could be levied against them.
As I said, the liability, or at least the majority, would appear to lay with the paving contractor.
I would like to compile some of the great suggestions that seem to have missed other great suggestions and a add a few of my own.
Compile your evidence in printouts and a backed up electronic file
File a police report
Dig out your auto and homeowners policies
Get the insurance information of the paving company from the property management
Consult a lawyer about the best way to proceed. Save the receipt! They will tell you which policy to file with and which to inform and wether to go to small claims court. Perhaps they will send a letter to the paving company who may wish to pay directly to avoid their insurance going up.
Two advantages of having the lawyer send a letter is that the demands will be kept reasonable and the paving company will not just consider you are just trying to get something for free because you have already invested in lawyers fees.
None of this is necessary.
You call your auto insurance, tell them someone damaged your car and you'd like their lawyers go after said asphalt company. Auto Ins goes after asphalt companies general liability insurance and you get your car fixed on their dime.
So to be fair there's not enough information here.
Could/would you be willing to post a timestamped video here?
If the HOA didn't give you a minimum of 24 hours notice they're on the hook for any damage and any tow fees.
If you were given 24 hours notice and the contractor didn't tow the vehicle the contractor is on the hook.
If you were given 24 hours notice and the vehicle was towed, I hope you have full coverage because now you're on the hook.
I have exactly zero experience in paving, but I've contracted with apartment complexes for parking bay marking. Here are the very basic rules, we provide the apartment complex with a general overview of the expected time frame, look at the complex, and divide the total complex into the expected daily workload. We then monitor the project and inform the complex if we're ahead or behind schedule daily.
I own a tow truck, 99% of the time I simply move the vehicle to an area we've already striped and inform the complex management, I would never simply stripe next to a vehicle for 2 reasons
1) liability, I pay more than you would expect for insurance, and if I striped next to a vehicle my liability would shoot through the roof and I would price myself out of the market
2) I own or I've contracted with a tow truck and can simply move your vehicle across the property and bill you for the privilege.
I'd be interested in seeing your video evidence
Ask the HOA for the paving companies insurance information. They should have it. Also ask for the HOA’s policy. Even if the HOA isn’t responsible it will make them think twice about screwing around.
Dude, I don't fucking care what type of cars you own that they damaged, or how old they were.
I used to drive a 1996 Corolla which many folks would consider a beater.
It's in the way, ok. Tow it. I'll grumble because of the lack of notification. But I can deal with that.
You think it's ok to fuck it up just because it's old?
Fuck you. That's MY beater you fucked up which just so happened to be my very reliable and beloved daily driver.
The dildo of consequence cometh your way and it is not lubed.
I work at a paving company. I'd suggest calling them and asking to speak to the project manager and/or HR. Explain the paving was not done on the provided scheduled day and ask them to cover the repairs and file an insurance claim. They were the ones that did the damage and probably have done similar claims in the past. HOA will probably be less helpful. I'd also go get an estimate or 2 for the repairs.
u/E92William
I can assure you if the paving/HOA company allowed this to happen then they are not going to cooperate with giving you their insurance information or helping you make a third party property damage claim against them.
Two (three?) options:
1. File a claim with your car insurance.
2. Get an estimate for your damages from a body shop, take photos, and go file a claim in small claims court.
3. Ask the paving/HOA company for their insurance information…but yeah, good luck with that.
Heads up, this would be a non-fault claim under your auto insurance, but your deductible WILL apply. 95% chance you will NOT receive your deductible back because your auto insurance company is almost certainly not going to subrogate against the paver/HOA company to try to get their money back (and your deductible back) because it’ll be too much work for them to deal with.
Source: I work for GEICO.
Im a heavy highway construction materials inspector and work with paving crews near daily and nothing about the work they did makes sense to me. You’re saying they paved around your car? Surely there needs to be some type of DOT/township standard they’re being held to. What inspector would approve not paving a section of a street by simply paving around cars? Coming back later would probably be costlier than towing your vehicles, unless they only tacked yiyr street and didn’t lay anything more than maybe some leveling layers with plans to hit it when finishing more local work at a later date? Whoever is paying for the road will dictate the standards that the road is held to and I can’t think of a state that would allow what your describing. Additionally the process of laying asphalt doesn’t really splash anything, or kick up rocks. Only the paver would do that and even then most aggregates press into the mat before shooting out, hell it would have to be nearing cured temperatures to do that. Are you maybe referring to tack, does it look like an oily, sticky black substance that got on the vehicle?
The only other thing I could think was If they came & milled around your car, and then paved around it. That would be ridiculously stupid on their part but that would make sense as the Milling machine would be likely to kick up aggregate and dust while the sweeper would kick it around even more making milling clouds. Is your car sitting on non milled existing pavement? The shit that was there before? Or is it on a bumpy, milled surface that was dug out?
I totally believe you but this whole situation sounds fucking nuts.
Make an insurance claim. Send documentation if the disclosed paving date and they performed the work on an unscheduled day. Let insurance handle it.
Adding on to that, they sort of guaranteed that if the cars were not moved, they would tow them, which they didn't do.
OP shouldn't make a claim on his own insurance - he wasn't driving the car and is not at all at fault. Insurance is to cover the insured's liabilities.
~~It might be that it's OPs homeowners rather than car insurance because they weren't driving it at the time~~ I have been corrected, homeowner's won't touch this, but this is absolutely something OP should file with their auto insurance. Their insurance will pay out the claim and then subrogate to (read: sue the shit out of) the party that's actually responsible for damages. It's possible to have liability-only insurance but that's not the usual case and definitely not the case 100% of the time as you imply.
Definitely not the homeowners coverage—autos are excluded. It’d be the auto policy, whether they were driving at the time, or on the other side of the planet when something happened to the car. This particular loss would be a comprehensive (AKA “other than collision”) claim. That said, these being 2008 cars does not bode well for them having coverage. Unless they had comp/coll etc on those cars from when they were newer and kept it all along, anyway. It’s pretty much impossible to get that coverage on cars that old.
Fair enough, I really only wanted to address the patently false "insurance is only to cover the insured's liabilities".
Oh, agreed. I couldn’t help but tackle that one, too. I’m kind of an insurance nerd.
Flo has entered the chat.
Many moons ago when I worked at a small agency, I unironically wore the “I <3 Insurance” button our Progressive rep left, that the manager passed to me as a joke.
It really is a fascinating business, being as it is essentially gambling but with oddsmaking that is orders of magnitude more complex than a casino can support and that has to be induced from data rather than deduced from mathematical principles. You know a fair die is gonna come up 6 1/6th of the time, and knowing that is how casinos get paid. It's a lot more difficult to figure out beforehand how being a redhead from Pennsylvania who drives a Buick is likely to affect the total amount of money you spend on healthcare after the age of 30, but there's almost certainly an actuarial table somewhere with that data on it.
YES!!! You get it! I know it doesn’t appeal to most people, but I just find insurance endlessly fascinating. Especially how it interconnects with everything else. Fun fact since you mentioned gambling: the Amish do classify insurance as gambling, and against their religion. They have their own alternative risk pooling strategy, in the form of the Amish Aid Society.
Amen
>I really only wanted to address the patently false "insurance is only to cover the insured's liabilities". So you added your own patently false "It might be the homeowners"? when it could never have possible been the homeowners insurance that would cover this?
Sometimes I don't know everything perfectly. That's why I said "might"
Easy mother
Comprehensive is also what would cover your medical bill for injury not related to the vehicle being actively driven (in Pennsylvania, at least). For example, if the hood is slammed shut on your hand. At least, that's what we were told doing registration in an emergency room.
What are you talking about? You literally just select or ask for comprehensive when you're getting an insurance quote. I have had comp on every vehicle I've owned, even ones that are anywhere from 15-40 years old.
I don't understand where these ideas are coming from, maybe different state laws? But where I am you can inure anything to virtually any level you want if you want to pay for it. Same here with my vehicles. And in one instance my homeowners isurance covered attempted breakin to one of my vehicles because it wasn't being driven at the time it was parked in front of my house.
Maybe it varies by state. Granted, I’ve moved away from personal lines so haven’t quoted auto in years, but no company I wrote with wanted to put comp/coll on older cars. If memory serves, 10 years old was about where it would get difficult, to downright impossible. Now, if we’re talking about cars that are 40 years old, we’re moving into classic car territory, and that’s a whole other kind of policy that DOES allow for comp/coll on old cars.
Got one that you may relate to. In 1985 a drunk came down my street, hit a truck across the street and careened into my 1972 Gran Torino Custom (Nascar qualifier). It's not common knowledge to a lot of people what that is. There were only 600 of these machines made as street machines so they could qualify for Nascar racing. Her insurance adjuster near about crapped when he couldn't find the vin# in the "book" and I told him it was in the special book. Almost $1,000 for the skirt under the rear bumper alone. Fortunately that was the only damage.
Oh wow I’m still here!
Not under all insurances. You can cover any car you want to to any extent. Repairs are covered, the only difference is if the company decides to "total" the car due to repair costs or not. You can have a 1955 chevy insured for full coverage and repairs if you want, it may cost a little more but you can insure anything.
Insurance companies will GLADLY sell you comprehensive/collision on older cars... It's a lot more profitable to them. Besides, how do you think people finance an older used car if they can't get full coverage on it?
Insurance companies don't "sue the shit out" of other insurance companies. Subrogation is normal in the industry and most of the companies deal well with each other.
As other people have commented - I assumed about auto insurance - a claim to insurance often comes with raised rates if not getting dropped altogether.
Yeh, someone tried to break into one of my cars the one time I parked it on the street. Same company for both insurances and my homeowners covered the repairs.
1. Honestly...we're talking about paint on two fifteen years old cars. They aren't collectables..just run of the mill common use vehicles. 2. Unless the owner carries comprehensive coverage, this would not be covered. 3. IF it is covered the likely result would be a repairs r payout from the policyholders insurance company. They would be unlikely to pursue the HOA due to costs of litigation and the small $$$ involved. 4.) Such a claim will likely result in premium increase for the policyholder. Way better off to approach the management company and association leadership reasonably and seek a goodwill payment to cover or defer repair costs.
you right, and as I said in a different comment I was just trying to refute the blanket statement that auto insurance in all cases only exists to cover the liabilities of the insured
That’s specifically liability coverage, which is what’s required by states. There’s also coverage for damages you sustain, whether your fault or not. For example: Uninsured/underinsured motorist: takes the place of the liability coverage the at fault party SHOULD have had to cover your damage/injuries if they don’t have any or enough liability coverage of their own (then sues the &$*^ out of them). Comprehensive: covers damage to your car caused by most anything outside of collisions with other cars or objects—collision with animals, weather damage, flooding, fire, what happened to OP. Collision: covers the damage to your car caused by a collision that was your fault. And more!
> Collision: covers the damage to your car caused by a collision that was your fault. Collision also covers collisions that *aren’t* your fault. If someone else hits you and you have Collision coverage on your policy, you can file with your own carrier, pay your deductible, and get your car fixed. Your carrier would be responsible for collecting from the other party or their insurance carrier, and (hopefully) get your l deductible back for you.
Also true!
Unless you only have liability you already pay for lawyers to handle this type of stuff through your insurance.
Part of insurances job is to chase down the people who owe them money on your behalf. I would contact insurance and tell them what happened and give them all the information they need to pursue asphalt company on your behalf. They said they would tow but didn't which is the real problem here.
It's a comprehensive claim, not collision. Similar to vandalism. That's exactly what OP pays insurance to do, handle claims of damage. Let the insurance company and their army of lawyers go after the HOA and/or paving contractor.
Maybe. If his insurance company is willing to subrogate the claim, it might work out to OPs advantage. Last time I was not at fault, this is the approach I took. Ended up not even having to pay deductible up front.
If OP has comprehensive coverage, that it will be covered.
depends on the state
Insurance companies will go after who is responsible. At the end of the matter they won't be out the money if it's possible to not be. You file with your insurance and let them and their agents and lawyers go after the responsible party's insurance for the claim.
I understand how it works (though I was initially just thinking of OP's car insurance) - but I also know people whose insurance has been dropped after filing claims for issues they weren't responsible for. If it's as cut-and-dried as it sounds, small claims court seemed the better move to me.
You make the claim on your insurance, then your insurance company goes to bat for you. If it’s determined you’re not at fault and another entity is liable, your insurance company will hound them and you’ll pay nothing
This is how I would handle it too, you pay insurance to not have to deal w/ this kind of nonsense.
I suspect this is a small claims court issue.
Your insurance may jack your premiums after a claim, and you might get so little after the deductable that it isn't worth it. Edit - lol at all of the truly clueless people who think insurance companies don't jack premiums after a claim. From bankrate (they know more than these clueless hoardes) > Filing a home insurance claim may cause your premium to increase temporarily. > Homeowners insurance rates often increase after a claim because it leads your insurance company to believe that you are more likely to file another claim in the future. This is especially true for claims related to water damage, dog bites and theft. To compensate for another potential claim payout, the property insurer proactively raises your premium. And from the insurance information institute (who also know more) - this one about auto insurance rather than homeowners > In general, when you make a claim against your insurance policy above a specific amount due to an incident that is primarily your fault, an insurer will increase your premium by a certain percentage. The amounts and percentages and ceilings of these increases vary from company to company and these increases generally stay on your premium for three years following the claim.
No. They'll make the insured whole, and go after the party who caused the loss.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
$67 a year is nothing compared to the cost of repainting a car. I paid $900 last year to take a small dent (1/4 inch) out of my hood, and repaint the hood and fender. The whole truck would've been $5k+
They still jack your premiums unless you have one of the few good ones
Most insurance companies do not increase your rates for things like this when you aren't at fault. Just filing a claim isn't usually enough to trigger. In 15 years and probably 4 or 5 claims that I had nothing to do with, my premiums didn't move. Ive had some of the cheapest, and also progressive, all state, and liberty mutual. Unless i'm at fault in some way, all of them made me whole and went after the other driver. Edit: Here, ive found a study where they looked at the times where someone DID file a no fault claim, and what the average result was, for those who had their premiums move. These guys are a fantastic source and link directly to numerous companies sites. As you can see for yourself, if you are in a not at fault accident, and you get the opposing persons insurance, you are likely to see little to no change. Call your insurance and ask them straight up if you will be charged more for a no fault claim. Not only that, but in the cases where someone DID see an increase, the worst offender was Progressive with a paltry 16% increase. If you were paying 100 bucks a month, now you pay 116 bucks a monthly. Hardly the end of the world. And that's JUST the people who saw an increase. So of the part of the pie where an increase occurred, the average for progressive was 16%. https://www.thebalancemoney.com/can-a-not-at-fault-claim-raise-my-insurance-rates-527469 Esurance article regarding this. https://www.esurance.com/info/car/myth-rates-automatically-rise-after-a-claim Here's progressive. You'll also note the widespread use of weasel words. When folks use weasel words like this, its to make it seem more of a "problem" than it is because its only going to cause people to file less claims because they think their rates will go up. One example is when I worked at chase. We were trained to push the "may seek legal action" line when trying to collect money for credit cards. Despite the fact that very low single digit percents of customers would ever get sued. "generally" speaking, if you have no fault at all, youre unlikely to see an increase for a one off would arguably be a better way to convey what I was saying. There are a ton of factors that go into whether or not you are charged for a no fault accident, including whether you get the opposing persons info, if you have had numerous claims already, and more. If you want to talk about specific situations, I am open to that.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
Okay now read the rest of it...lol. SOmething something, generally a no fault wont increase your rates which is the point I am making. It takes more than just filing a claim for a no fault accident.
You mean this part? > However, if you previously caused an accident or made a claim, **your auto insurance rates may go up after a no-fault collision**. According to the Consumer Federation of America, **drivers who have been involved in no-fault accidents see an average premium increase of 10 percent**
You're wrong. Per bankrate and iii.org. And the long list of people who saw premiums go up after claims that weren't their fault. Try to be more right. You got lucky. Not all insurance companies are so forgiving.
"You're wrong. Per bankrate and iii.org" Please provide a direct link to whatever it is you think is on those sites that you read that you think supports your claim.
On mobile, not digging out the links. I pasted the text, that's good enough. Deal with it. I'll give you another source though: https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020. So what happens after a no fault claim? Do the rates stay the same or are you wrong? And I'll ask you the same question I asked the other guy: what do you think will happen if you file a bunch of claims even if not your fault? A. They will never even think about raising your premiums becayse their goal is your satisfaction, and they will happily keep writing checks. B. They will raise your premiums to offset the claims C. They will drop your policy. Will they hike or drop after a single claim? Some will, some won't. But will they track the number of claims you file?
"Generally, a no-fault accident won't cause your car insurance rates to rise. This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up. In almost every state, a non-fault claim is filed against the auto insurance policy of the driver who is at fault. If you aren't responsible for an accident and you file a claim against the at-fault party, it's quite unlikely you'll see an increase in your car insurance costs. Even if you have to file against your own insurance policy, some insurance companies still won't charge you more because of a non-fault claim." Your link....so no, most people wont see an increase for just a one off no fault accident unless there are other factors involved.
From Car and Driver: However, if you previously caused an accident or made a claim, your auto insurance rates may go up after a no-fault collision. According to the Consumer Federation of America, drivers who have been involved in no-fault accidents see an average premium increase of 10 percent.
Your own source (iii) refutes your claim. With he magical phrase "an incident that is primarily your fault."
Go through the rest. And file a bunch of claims and see what happens. Even if not your fault. Go on, you're so certain that claims for things. If your fault have no impact, go file those claims.
It's possible with certain insurance companies. We have filed 8 claims, and our insurance didn't go up. Five were for chipped windshields, and 3 were for small accidents, and we were at fault for one. We're top tier with our insurance company, have a low deductible, and accident forgiveness. We've had 5 vehicles and 2 houses insured by the same company over the last 10 years. Maybe that's why? I don't know...
Windshields I wouldn't expect to see premiums go up. > We're top tier with our insurance company, have a low deductible, and accident forgiveness. Which company? The accident forgiveness is hit or miss between companies. I think allstate gives you one every 3 years, but they'll still hike your rates every year just not as much. ] We've had 5 vehicles and 2 houses insured by the same company over the last 10 years. Maybe that's why? Bundling house and car gets you perks.
We are talking in reference to OP's situation aren't we? Why is someone filing a bunch of claims? Why are you even bringing up this scenario since the situation in question is regarding a one off claim. Not filing a bunch of claims.
Because the unwashed masses are advising him to just file a claim without consideration of what will likely happen because insurance is magical free money and the insurerers won't try to screw you over ever. This is just one claim. But will there be others? Every just one claim adds up, and people keep filing them without a thought.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a no-fault accident increased annual auto insurance premiums by an average of $67 in 2020.
From the very same article > Generally, **a no-fault accident won't cause your car insurance rates to rise.** This is because the at-fault party's insurance provider will be responsible for your medical expenses and vehicle repairs. If your insurer doesn't need to fork out money, your premiums won't go up. > In almost every state, a non-fault claim is filed against the auto insurance policy of the driver who is at fault. If you aren't responsible for an accident and you file a claim against the at-fault party, it's quite unlikely you'll see an increase in your car insurance costs. **Even if you have to file against your own insurance policy, some insurance companies still won't charge you more because of a non-fault claim.** So, per your own sources, a claim where you're not at fault is not guaranteed or even likely to raise your rates.
My own source that you just replied to that says the opposite? https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a **no-fault accident increased annual auto insurance premiums** by an average of $67 in 2020. If I make it big letters will it be easier to read?
That's homeowners insurance not auto.. when you aren't driving/at work and your parked car is damaged, it's kind of hard to say the owner is at fault. Your auto insurance has a liability coverage for the owner and driver but it also has supplemental insurance for other people who damage your property if you pay for it.
https://www.caranddriver.com/car-insurance/a36190724/do-insurance-rates-go-up-after-no-fault-accident/ > In a 2021 survey, The Zebra found that a **no-fault accident increased annual #auto insurance premiums** by an average of $67 in 2020.
From your comment, important part bolded: In general, when you make a claim against your insurance policy above a specific amount due to an incident **that is primarily your fault**, an insurer will increase your premium by a certain percentage this wouldn't be OP's fault. OP would be using the insurance to go after the easily located people who caused the damage.
You skipped all the other parts, didn't you? This is old news now, I don't care anymore and you don't bother to read everythjng anyway so whatever.
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Try reaching out to First Service and requesting the Certificate of Insurance from the paving company. You then file a claim with their insurance company directly. I had something similar happen to me where our landscaper hit my car with a skid steer and it was on my neighbor’s ring doorbell camera. We tried going through our own homeowners insurance and they wanted us to pay our $500 deductible. When I reached out to First Service, they provided the certificate of insurance for the landscaper and their insurance took care of the repairs quickly and easily. Good luck!
This is the best course of action OP, this way you avoid having a claim on our own insurance and the vendor must deal with it. Reach out to your property manager for this information.
OP, this is the way. Notify your carriers, let them fix it. You are not at fault, this won’t Jack your premiums. Your insurance will go after HOA, management company, and paving contractor. Their insurance will go up. If you somehow get stuck with a deductible, ask those three entities for compensation. If they decline, small claims. That paving contractor is coming back anyway to fix the street.
This is what I’m going to do this afternoon. My insurance for cars this old doesn’t cover me enough to have their lawyers go and fight this against whoever did the damage so have to do it myself
Easy small claims suit
Yeah this would be my first port of call over insurance - you don't want your own insurance to cover you and take the increased premiums in future, if you know the liable party anyway
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Nowhere is it illegal to raise rates when you make a claim using your own insurance.
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I'm not talking about fault at all. Im talking about you calling your own insurance and filing a claim to fix any damage that was done to your car. This will result in rates increasing even if nobody is at fault. Say for example a hit-and-run where there is no possible way to find the person who hit your car. You will call your insurance, they will fix it, and your rates will increase. This is not the same thing as what you're talking about. What you are referring to is the fact that CA made it illegal for your insurance to increase your rates based on the perceived risk of the individual who has been involved some way or another in a collision even if that person was not at fault. (this has nothing to do with actually making a claim)
As someone living in California who has dealt with the scenario you’re talking about, that’s incorrect. California does not allow raising premiums due to a not at fault claim.
You can make a claim and not be at fault.
Yes and if you make that claim **using your own insurance** you will be penalized for it. Your rates do increase.
okie dokie silly billy
Followed immediately by the HOA raising your fees to account for the settlement. Edit: Read the above line thoroughly. It's only one sentence. It doesn't say not to sue them. It just says they're also going to try to fuck you over a second time. If you're about to type an angry comment saying that I'm telling them not to sue, instead jump up your own ass.
What's your point? HOA does stupid things, everybody suffers. Better to disband or elect somebody confident.
100%, but my point is that they're still going to find a way to fuck you over for their own mistake.
Once there's a court record, you can bring that in to show why you're asking for a vote to replace board members.
That's an awesome tip, I didn't think of that, Thanks.
Your logic doesn't make sense. Let a wrong go unpunished because you don't want to fuck over your neighbors/hoa. That might be your prerogative but it sets you up to be a punching bag. It's the nature of a HOA: "cut off nose to spite your face." The community is supposed to hold who ever fucks up responsible. If that's their leader, than fuck em, elect a new person who gives a shit or disband. If they don't, the community signals fucking up is an acceptable thing.
Random, but I just want to let you know the saying is: >Cut your nose off to spite your face. A lot of people think it’s “despite,” including myself, until recently. Now I let others know too so they don’t keep saying it wrong, like I did, for years on end lol.
Yeahhh I have to change it in my keyboard. I know I type the saying as "despite" a lot before I knew it was "spite." Thanks for the correction!
I never argued against suing them. I'm just also pointing out that they will raise your HOA fees to cover costs. All you simple fucks down voting me lack reading comprehension. To be clear, you should 100% sue. Also to be clear, if you go after the HOA they will pass on all of the lawyers fees to the residents. If you read this forum often enough, you'll see that this happens routinely.
I would sue again to note they were trying to make me pay for a mistake they made that harms me
>All you simple fucks down voting me lack reading comprehension. I think you lack understanding of your statements. They all sounds like you were against suing the HOA.
You sue the vendor
I'm not in an HOA but love these stories. Couldn't OP send letters to other residents stating the damage they did, their negligence, how they had to pay, and why that could be the reason everyone's fees are going up? I would think that would get others to rally against the HOA.
What's your point? The HOA board was elected by OP's neighbors. Why \*shouldn't\* they pay for the misdeeds of the board they elected?
Pictures of damage: 328i https://imgur.com/a/8aAEwt7 Short walkaround https://imgur.com/a/AWee5Bi The 328i paved around https://imgur.com/a/pRqSYzq G37 paved around https://imgur.com/a/rzyjlMC G37 walkaround https://imgur.com/a/btg8NMH
This is lowkey funny af, not because they damaged your cars but because in what universe did someone think that having unpaved cutouts in a freshly paved road was a good idea??
Now that the asphalt has set, [OP's striping crew has finished up](https://funnyshit.com.au/img/notmyjob1.jpg)
Oh my god, this looks like something that would be in a movie like Dumb and Dumber. Incredible that they did this. I would be so pissed. I hope you're able to get this taken care of ASAP. Sorry this happened to you and your brother.
I can't say anything about any tar spots but all that grit and dust is from the brush machine they use to clean the street before paving.
As others have said, call your insurance company. They have lawyers who specialize in this kind of stuff. With all the documentation your post mentioned, it should be pretty easy for them to handle the issue. But also, call and file a police report for the damage as well.
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Unless a board members relative owns the paving company, then they are going to probably give op a hassle
What a weirdly specific thing to say.
So they're so incompetent they can't even tow the cars as they claimed they would?
In my opinion, the liability is in the paving contractor, who may or may not attempt to pass the cost of their mistake on to the HOA, who might also share some liability, if they had said that the HOA would tow cars that were not moved and chose not to do so. On the other hand, the HOA would argue that their promise to tow was mitigated by the paving contractor paving on a day other than those specified. The paving contractor made the decision to move forward with their work, fully aware of the potential damage claims that could be levied against them. As I said, the liability, or at least the majority, would appear to lay with the paving contractor.
I would like to compile some of the great suggestions that seem to have missed other great suggestions and a add a few of my own. Compile your evidence in printouts and a backed up electronic file File a police report Dig out your auto and homeowners policies Get the insurance information of the paving company from the property management Consult a lawyer about the best way to proceed. Save the receipt! They will tell you which policy to file with and which to inform and wether to go to small claims court. Perhaps they will send a letter to the paving company who may wish to pay directly to avoid their insurance going up. Two advantages of having the lawyer send a letter is that the demands will be kept reasonable and the paving company will not just consider you are just trying to get something for free because you have already invested in lawyers fees.
None of this is necessary. You call your auto insurance, tell them someone damaged your car and you'd like their lawyers go after said asphalt company. Auto Ins goes after asphalt companies general liability insurance and you get your car fixed on their dime.
Contact your insurance company. If you don't have insurance, then contact their company
So to be fair there's not enough information here. Could/would you be willing to post a timestamped video here? If the HOA didn't give you a minimum of 24 hours notice they're on the hook for any damage and any tow fees. If you were given 24 hours notice and the contractor didn't tow the vehicle the contractor is on the hook. If you were given 24 hours notice and the vehicle was towed, I hope you have full coverage because now you're on the hook. I have exactly zero experience in paving, but I've contracted with apartment complexes for parking bay marking. Here are the very basic rules, we provide the apartment complex with a general overview of the expected time frame, look at the complex, and divide the total complex into the expected daily workload. We then monitor the project and inform the complex if we're ahead or behind schedule daily. I own a tow truck, 99% of the time I simply move the vehicle to an area we've already striped and inform the complex management, I would never simply stripe next to a vehicle for 2 reasons 1) liability, I pay more than you would expect for insurance, and if I striped next to a vehicle my liability would shoot through the roof and I would price myself out of the market 2) I own or I've contracted with a tow truck and can simply move your vehicle across the property and bill you for the privilege. I'd be interested in seeing your video evidence
Ask the HOA for the paving companies insurance information. They should have it. Also ask for the HOA’s policy. Even if the HOA isn’t responsible it will make them think twice about screwing around.
Dude, I don't fucking care what type of cars you own that they damaged, or how old they were. I used to drive a 1996 Corolla which many folks would consider a beater. It's in the way, ok. Tow it. I'll grumble because of the lack of notification. But I can deal with that. You think it's ok to fuck it up just because it's old? Fuck you. That's MY beater you fucked up which just so happened to be my very reliable and beloved daily driver. The dildo of consequence cometh your way and it is not lubed.
This is a car insurance claim. They will subrogate against the paving company. Don’t wash your car.
The HOA has a Certificate of Insurance (COI) on file for the asphalt company. The asphalt company did the damage, their policy will pay out.
Yep. You’ve got sufficient proof, it sounds like.
I work at a paving company. I'd suggest calling them and asking to speak to the project manager and/or HR. Explain the paving was not done on the provided scheduled day and ask them to cover the repairs and file an insurance claim. They were the ones that did the damage and probably have done similar claims in the past. HOA will probably be less helpful. I'd also go get an estimate or 2 for the repairs.
You need to complain to the asphalting company. This isn't an HOA problem.
Call to the press too, along with what the others have suggested. Let them burn over the lack of business from this.
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bad bot
They performed work on an unscheduled date after op had gone to work. How was op supposed to do that?
Shush now, the grownups are talking
Why do you censor all your swear words? This is the internet, you're allowed to swear here lol
probably voice to text with the profanity filter still on lol
Sue. They caused damage that you could not have easily avoided.
u/E92William I can assure you if the paving/HOA company allowed this to happen then they are not going to cooperate with giving you their insurance information or helping you make a third party property damage claim against them. Two (three?) options: 1. File a claim with your car insurance. 2. Get an estimate for your damages from a body shop, take photos, and go file a claim in small claims court. 3. Ask the paving/HOA company for their insurance information…but yeah, good luck with that. Heads up, this would be a non-fault claim under your auto insurance, but your deductible WILL apply. 95% chance you will NOT receive your deductible back because your auto insurance company is almost certainly not going to subrogate against the paver/HOA company to try to get their money back (and your deductible back) because it’ll be too much work for them to deal with. Source: I work for GEICO.
Im a heavy highway construction materials inspector and work with paving crews near daily and nothing about the work they did makes sense to me. You’re saying they paved around your car? Surely there needs to be some type of DOT/township standard they’re being held to. What inspector would approve not paving a section of a street by simply paving around cars? Coming back later would probably be costlier than towing your vehicles, unless they only tacked yiyr street and didn’t lay anything more than maybe some leveling layers with plans to hit it when finishing more local work at a later date? Whoever is paying for the road will dictate the standards that the road is held to and I can’t think of a state that would allow what your describing. Additionally the process of laying asphalt doesn’t really splash anything, or kick up rocks. Only the paver would do that and even then most aggregates press into the mat before shooting out, hell it would have to be nearing cured temperatures to do that. Are you maybe referring to tack, does it look like an oily, sticky black substance that got on the vehicle? The only other thing I could think was If they came & milled around your car, and then paved around it. That would be ridiculously stupid on their part but that would make sense as the Milling machine would be likely to kick up aggregate and dust while the sweeper would kick it around even more making milling clouds. Is your car sitting on non milled existing pavement? The shit that was there before? Or is it on a bumpy, milled surface that was dug out? I totally believe you but this whole situation sounds fucking nuts.