Wife left an oil slick down Peachtree Rd

[ZMAG]

Sorry if this is the wrong forum to post to...

My wife called me a little while ago. As she was driving the Audi TT Coupe to work in downtown Atlanta (no, it was not the Magnum, thank goodness), she hit some crazy hole that Futon County road crews created sometime last night. Anyway, she said there was a huge bang and now there's red-brown fluid leaking everywhere. My first thought is transmission fluid, and there's a trail from the hole all the way to her spot in the parking deck.

Fun. So, there's a tow truck coming, but she'll have to get the car out of the deck first.

I'm assuming that the Audi warranty will not cover this since they will probably say it's a collision. What do you guys think?

My wife took pictures of the hole with her cell phone. This is the second time Fulton County has left a gigantic gorge in the road and has caused us problems. Last time, it resulted in having to purchase a new tire. This time, probably a new tranny.

Thanks.

David

[Nightshade]

Sorry if this is the wrong forum to post to...

My wife called me a little while ago. As she was driving the Audi TT Coupe to work in downtown Atlanta (no, it was not the Magnum, thank goodness), she hit some crazy hole that Futon County road crews created sometime last night. Anyway, she said there was a huge bang and now there's red-brown fluid leaking everywhere. My first thought is transmission fluid, and there's a trail from the hole all the way to her spot in the parking deck.

Fun. So, there's a tow truck coming, but she'll have to get the car out of the deck first.

I'm assuming that the Audi warranty will not cover this since they will probably say it's a collision. What do you guys think?

My wife took pictures of the hole with her cell phone. This is the second time Fulton County has left a gigantic gorge in the road and has caused us problems. Last time, it resulted in having to purchase a new tire. This time, probably a new tranny.

Thanks.

David

Go after Fulton County for the new tranny. It's their neglegence that caused the damage. Your wife was lucky to not be seriously injured. I believe that they should be held responsible for their work!

[ZMAG]

Hmm... maybe we need to get a police report for this.

[Nightshade]

Hmm... maybe we need to get a police report for this.

Would be a good idea. Get some 3rd party proof that they screwed up and left a hole in the road..

small hole, big hole, huge hole.. They are responsible for the hole being there, and should be responsible for any damage caused because of it! Especially since they didn't cone it off.

[ZMAG]

It's funny... there's now a road crew out there filling in a hole on the other side of the road. USAA told me that a police report wouldn't be necessary because it's an At-Fault claim. "You have to be aware of your surrondings." I'm gonna freakin kill them.

At fault, my a$$.

[lukeinva]

Sorry to hear! I would go after fulton county make sure you take some pics with a tape measure so you can show how deep it is. Take a picture of the road from your car so you can show there was probably no possible way you could actually see the hole!!! USAA I have been hearing some bad things about them lately!! But all insurance companies are the same whatever they can do to make your rates go higher they do it!!

[Lburou]

Some good advice so far....I think you should

1) File a police report.
2) Hire a lawyer.
3) Invite the entity responsible for the road maintenance to pay for it.
4) sue for lawyer and court costs too.
5) get a picture of the road crew working....

It is not uncommon for the govt to pay for damage like this. A tranny for your car will cost more than the $1,000 it will cost you to hire a lawyer....It makes good economic sense for you to get legal representation at the first sign of resistance by the govt representatives.

At fault.... ....They are probably right. I've been with USAA for 35 years. If you make a claim, they will raise your premium for three years....The amount they amortize for that time will be about equal to the amount of your claim, so don't waste your good name with USAA.

Good luck

[CJ7VFR]

How big was the hole? Was it dark, and your wife could not see the hole?

I had a similar situation happen to me, only it was two rims that I busted
up.

I was going to work on the same road I always travel on. There is a
small bridge that goes over a stream near my house.

Anyway, the bridge is made of concrete, and the road is asphalt. So,
when the temperatures change alot, it creates movement between the
two different materials and makes for some nice holes that can appear
overnight sometimes.

I hit one of those with my old car and bent two aluminum rims! I take
that road everyday, and I know that this can happen, but I was not
looking for it this day.

I tried to get the town to pay for two replacement rims, but they said
that drivers are responsible for knowing their surroundings, and that I
should have seen the holes, and I was responsible for any damage I may
get while traveling on the road. They even went as far as saying its not
my RIGHT to travel on the road, its a PRIVALEGE, and as such, its my
responsibility to make sure my surrounds are safe in order to proceed on
my way or take a different route!!

I think its like that just about everywhere. I know it sucks, but I will bet
you will be out a ton of money on the lawyers and any court costs
because they are just going to say that its your wifes fault for not seeing
the hole and going around it in order to avoid any damage to her car.

Good luck to you whatever you do deside to do. Even if you just get
it off your chest by complaining to Fulton County people, thats something...

Jim

[ZMAG]

Actually, it turns out it was not a hole, but a manhole-type cover that was not seated properly. It was tilted just enough to whack the crap out of the tranny.

My wife says that she was crossing over the hump in the road and could
not see it as it appeared on the other side of the hump.

She did call the police and report the issue to them, so we should have a police report sometime soon, and we do have pictures of the scene.

Thanks for all of the advice so far! Unfortunetly, we have already started the claims process with USAA. At least that will get her a rental car and a quick appraisal of the damage right away. We're also with USAA CIC, so we get a little lower quality of service than those who have actually been in the service. (Dad was an Army Airborne Ranger)

[330toSRT8]

I suspect it wouldn't be worth the cost and headache of hiring a lawyer unless you have money to spare and want to fight just on principle.
I have USAA as well. One day I woke up and saw that someone had whacked my car overnight (BMW 330ci). I figured uninsured motorist coverage would cover the deductible but that was not the case. They told me they couldn't prove the guilty party was uninsured. That pissed me off.

[CJ7VFR]

I figured uninsured motorist coverage would cover the deductible but that was not the case. They told me they couldn't prove the guilty party was uninsured. That pissed me off.

Uninsured motorist coverage is there for when you are driving your
car, and you get hit by someone driving their car, and they do not have insurance.

Since your car was hit while it was parked, then your Comprehensive
coverage should cover that, not the uninsured motorist coverage.

Unless you see the person do the damage, and can get their info,
then you will have to pay any deductable that you have on your
comprehensive coverage since you can't get it from anyone else.

Jim

[nikdfish]

Something that may apply here is the possibility that the manhole cover was "improperly" replaced after being open for access. Typically local governments can't be held responsible for things that haven't been done yet (i.e. some existing defect not repaired) but can be held responsible for things that have been done in an incorrect or inadequate fashion.

Nick

[American Muscle]

That sucks! Glad I don't have to take the Maggy into downtown too often.

[EbonyMagnum]

This is why I hate living in downtown atlanta. I cant wait to graduate be out of here.

[ZMAG]

I'm going to try and post photos in a moment. It turns out that they were in the process of repaving the street, so they shaved away a couple inches of asphalt which left the manhole cover exposed much higher than normal. Luckily damages are only $619 +tow + rental, so I've canceled the claim with USAA.

Here's the description of the incident which we are filing with the city of Atlanta along with the appraisal, photos, etc:

I was traveling east on Simpson Street, crossing Spring Street (as I do each day on my way to work). Between the morning of 10/18/06 and 10/19/06, several inches of asphalt were removed on either side of the intersection. It exposed what appears to be a small manhole-cover-type metal object on the eastern side of the intersection. Due to the slope of Spring Street and height of my vehicle, this was not visible from across the street. There were no traffic cones or signs indicating that there was uneven pavement , construction, or any objects to avoid. As I crossed Spring, I was going approximately 10 miles per hour when I reached the eastern side of the intersection. Due to the angle of Spring Street, removal of the pavement on the left and right sides of the manhole cover, and slope upward of Simpson street from the area in question, the clearance of my car was further reduced and I was unable to avoid striking the metal object. It tore a hole in the transmission pan of my car. As I continued to my parking deck two blocks away, it left a visible trail of transmission fluid. I parked my car and examined the damage, and discovered all the fluid had leaked out and my car would not run at all. I had to call a tow truck and rent a car to get home and to work until repairs could be made. Repairs are estimated at $620; the rental car is $27.50/day not including any taxes. I have not yet received the bill for the tow truck. I took pictures of the area after checking my car, and later walked back over to the scene (around 11:00am) and found a paving crew working on the western portion of Simpson street. This morning, 10/20, as I again passed the area on my way to work, the area was repaved.