Not Again! More Property Damage!

[Idaho45guy]

Ask the PD to pull her cell phone records. More than likely she was talking on her phone.

BB

Why would that matter? She's at fault no matter what and her Property Damage Liability coverage will cover the OP's damage to his landscaping.

Asking the PD to pull her phone records is a waste of time for the OP and the PD.

[NWPilgrim]

Hire a lawyer that plans a strategy to efficiently deal with this insurance claim and all future claims. From your previous thread you seemed against putting in any protective barrier such as Jersey wall or sand trap, and it is unlikely the State will do anything unless you sue them. So you are likely to incur repeated ditch jumping.

It seems pointless to put in replacement trees unless you are successful in getting insurance payments that cover costs. And if you have to abandon use of that section due to repeated vehicle incursions then I think during the State for loss of use would be in order and they may just pay for the land or put in a guardrail.

None of those are my favored solution but you didn’t like to hear about protective barriers so that limits you to dealing with repeated damages.

[Idaho45guy]

The state needs to install a guardrail around the apex of that turn, or some Jersey barriers.

Attachment 241609

But you should be going on Amazon immediately and buying a wi-fi camera for $30 and setting it up to capture where people are running off the road and into your yard. It will record the license plate numbers and you can at least hold those accountable that are damaging your yard and fleeing the scene.

Plus, it would be compelling evidence to present to the state when asking that they install barriers there.

[Petrol & Powder]

To the OP: for the current event you know who the responsible party is. Contact the driver AND the driver's insurance company and make a claim. Follow up in writing and be professional and polite about it. There's no need to threaten a law suit or get angry. After you make that claim in writing, wait for their response. If it's adequate; great, you're done. If it is not satisfactory then you can put them on notice that you will seek a civil remedy.

I'll bet you the insurance company would rather pay the claim than litigate it. It's cheaper for them to pay and they know they will not win in the end with the facts of this case. I promise you they would rather pay you and be done with it.

In the meantime, my advice is to move forward with your life and don't get fixated on the traffic issue. Little things can take over your life if you let them. The government entity that's responsible for that road issue is more likely to work with you to resolve that problem if the person you deal with sees you as a calm citizen seeking a resolution.

Good Luck, stay grounded, be polite.

[Petrol & Powder]

Why would that matter? She's at fault no matter what and her Property Damage Liability coverage will cover the OP's damage to his landscaping.

Asking the PD to pull her phone records is a waste of time for the OP and the PD.

/\ Agreed.

[jimlj]

https://www.extension.purdue.edu/ext.../FNR-473-W.pdf

I think this is the formula I used when dealing with the insurance company of a kid who knocked down a tree in my yard while driving under the influence of drugs. The insurance company initially sent me a check for about $500. After I contacted them and told them it wasn't even close, they sent me a check for another $200. I sent them a copy of this and they sent another couple hundred dollars. I finally sent an email to the insurance adjustor and did the math as outlined in the formula for them as it seems they were incapable of doing it. I told them to quit trying to stiff me. That seemed to offend the guy and he said he would send the information to his manager. A couple weeks later I got another check for $3000. Don't settle for the first thing they send you unless it is an honest amount.

[popper]

Worked with a guy that had his house hit 3 times, laser some drunk teacher Parker her car on top of his vette. He finally moved. DFW area. City did nothing.

[dangitgriff]

It's a state road, in the county, no city involved at all. I will for sure be contacting the state DOT about this issue again! I'm also contacting my local state representative and see if he bring any pressure. If this fails I may have to do some heavy duty property decoration.

Here's an idea. There is a "T" intersection in a town near me with a house directly across the main drag from the leg of the "T". Across the front yard from one corner to the other is ten 8" steel pipes set 4' in concrete with ship anchor chain looped from pipe to pipe. NO ONE has ever hit the house. Might be worth a try. GW

If a homeowner places a barrier on their property that carries the possibility of causing death to a motorist if struck, they could find themselves in court defending against culpability charges by the state.
America is, after all, the most litigious society on the planet.
I took a screenshot of the following post from a social media site:

Bottom line, consult an attorney before you erect anything.
R/Griff

[turtlezx]

city or town wont do anything about the road until they hit the certaint # of deaths at that location ( in new york)

[tommag]

A couple of things come to mind. First, solid barriers may well have you on the wrong end of a lawsuit.
If you could handle the expense, round pea gravel doesn't compact and stops a vehicle pretty rapidly where sand settles eventually.
Insurance companies frequently put you off when you try to sue by yourself, figuring they'll wear you down/exhaust your funds. If you file with your insurance carrier, they will subrogate, and be taken more seriously than you will.

[lightman]

After reading the other thread and then this one, I'm wondering if moving might be an option. Yeah, it would grate on me to give in but sometimes you have to step back and look at the big picture. Is this worth a lawsuit? Is this worth your personal stress and frustration? Are you in love with this property and house or can you see being happy in another place? Just thinking outside of the box.

[crowbuster]

Rocks. big big rocks. Get a couple estimates from nurseries on the tree n shrubs, tell em why and not to be shy. I got a big chunk when a drunk hit a rental house and a big maple tree. the blue spruce was high 4 figures.

[skeettx]

Any further update on what her insurance company says?

Take LOTS of pictures!!

[Thundarstick]

I'm looking into decorative barriers of some sort, I wish big rocks didn't have to be hauled in, there are NO boulders any where near here! I'm leaning towards making large planters from RR cross ties, and filling with dirt. They wouldn't look out of place here in the country. I keep hearing about home owners being sued, but can't find a case of a successful suit against a home owner. Post with cable between is also being looked into.

[john.k]

I had something similar........a truck changed lanes on a car outside ,car swerves to avoid the truck,hit the kerb .flipped ,and went thru my front fence on its roof..........the car driver ,has a quick look around,the old guy nextdoor cleans him up,then he hits the toe...gone........the truck is working for a big landscape yard,driver says the yard will fix my fence......Cops come,truckie tells all..(very stupid ,that)....female cop looks at fence,says my whole property is a ***...fence ,house ,the lot.,therefore crash is under threshhold value for an investigation.......Upshot is ....truck driver fired ,and charged ,loses licence.......car is abandoned as its junk.........fence is busted ........garden centre say its nothing to do with them ,despite promising to fix fence..........eventually ,old guy next door fixes fence ,because its right beside his house.He wouldnt take any money.......and I ended up with selling the wreck for scrap for $200.....Cops told me to keep it,as its on my land,its my problem,cops wont pay for removal.

[jonp]

If a homeowner places a barrier on their property that carries the possibility of causing death to a motorist if struck, they could find themselves in court defending against culpability charges by the state.
America is, after all, the most litigious society on the planet.
I took a screenshot of the following post from a social media site:

Bottom line, consult an attorney before you erect anything.
R/Griff

I don't take advice from the internet. The guy that wrote that post is the same one who warns everyone not to use reloads for self defense based on nothing.

If you erect a fence, wrought iron fence or brick wall on your property you have nothing to fear just make sure it is not in the highway ROW and follows set back rules.

[dangitgriff]

If you put a barrier up on your property where auto crashes have already occurred, and someone gets killed hitting it, the state I live in, which is Florida, reserves the option to charge you with involuntary manslaughter. And they have done that, because they see it as no different than setting up a lethal trap, or potentially lethal trap, on your property.
I’m sure this varies by state. It may not be a liability in yours, but in Florida—it certainly is!
R/Griff

[jonp]

If you put a barrier up on your property where auto crashes have already occurred, and someone gets killed hitting it, the state I live in, which is Florida, reserves the option to charge you with involuntary manslaughter. And they have done that, because they see it as no different than setting up a lethal trap, or potentially lethal trap, on your property.
I’m sure this varies by state. It may not be a liability in yours, but in Florida—it certainly is!
R/Griff

Cite a case if you would. I'd like to read it or read it in the law

[john.k]

Its more a matter of doing what a court considers to be reasonable........and in all these matters ,its very important that you dont go around saying that the next idiot crashes into your barrier will be.......whatever......You must not set mantraps,but you may build a wall.or an earth bank........i built a substantial earth bank,not for cars,but to protect my land from water runoff from the roadway,which was massive,sometimes knee deep .I do know of one place on a fairly gentle curve that has had numerous crashes,and a while back ,three teens in two cars were killed crashing into the property,up against the concrete wall of a sunken driveway.

[shaune509]

If a wall, boulders, heavy steel fence on your side of right of way is a liability, what is a guard rail, jersey wall, sound wall or power pole installed by road dept or utility. How about the spike topped iron fences you see in NYC along the side walk, some one could slip on ice and impale themselves our society has gone to far from taking responsibility for ones own actions. As for the OPs problem IMHO he needs to look at putting heavy pressure on the road dept to correct "there design fault"
Shaune509