Henry W Bergman tarred my car
We filed a police report with the Henry County Sheriff.We were on county road P and turned onto county road 3A which is a road leading to our home.We saw two big trucks,which were taking up the whole road coming in our direction. We moved our car off the road into the grassy ditch,to allow them to pass.They continued past us and then we went back onto the road and continued home. We went out to take a walk later and noticed the tar like substance all over our car. We called the Henry County Sheriff and they came out and took a report. I called A Damascus TWP. Trustee,to find out who the company was that did the road work.He said he would have to call me back. He called me back and said the company who got the contract was: Henry W. Bergman Inc.,who's business was located at 218 E. 9th St. in Genoa. I called my insurance company which is Progressive Insurance.They had me take the car to one of their approved shops,which was Batt&Stevens,located at 7959 Independence Rd. Defiance Ohio 43512. A adjuster from Progressive went to look at the car and called me with an estimate of $777.88. Progressive would pay $277.88 and I would have to pay my deductible of $500.00. I told them to go ahead with the repairs.I called the Damascus TWP. Trustee,which I talked to earlier and gave him the details. He said he spoke to the owner of the company and that they would take care of this problem. On 10/29/10 our car repair was finished and we went to pick up our car. After I had talked to the Trustee I thought Henry W. Bergman would have taken care of the bill,but they had not. I paid my $500.00 deductable to Batt&Stevens and took my car home. Well on 10/1/10 we got a letter from their insurance company,State Auto which said after their investigation they found their insured(Henry W. Bergman) was not at fault. I called State Auto and asked how their insured was not at fault. She said she spoke to the two drivers and they told her they were waving their arms for us to turn around. If they did,we did not see them do this,and like I said we pulled off the road into the grass and stopped while they continued to com towards us and then they passed us. We had our windows down and sunroof open and they said nothing as they passed us.On the Arrive Alive website I found an article on Negligence by a road construction company and vehicle damage. It says:"In our law a person(including a legal person such as a construction company) is judged to be negligent where:He should reasonably have forseen the possibility that the occurrence of the consequence or the existence of the circumstance in question;and He should reasonably have guarded against that possibilty;and He failed to take the steps which he should reasonably have taken to guard against this" "Construction companies operating in the field of road construction will be deemed as experts in their area of activity." They will be aware of vehicle paint damage from tar and other road construction liquids. They are expected to guard against these consequences.The courts will measure the conduct of the construction company to a reasonable standard-that of other construction companies in the same position.If another construction company would have foreseen the possibility of the consequence occurring-and have taken steps to avoid the consequence, then the failure to do so would be deemed to have been negligent.I fell that there should have been signs of some type put up and the road should have been closed while they working. When they were done with the road, it was left open with the fresh asphalt mixture to cure and dry as vehicles continued to use the road.The company owes me $595.85 And Progressive Insurance 277.88.
Bowling Green, Ohio
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