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scarlemthug 01-Nov-2004 10:11 AM

Need Advice ASAP:(
 
So this morning i wake up to go into work and im about 2 minutes away from my house going down brimley under a bridge and what do i see. A huge rock sitting on the road and there is a car beside me and a TTC bus behind me. So I hit the rock which is pretty big and now all my rad fluid has leaked out, it seems to have messed up my front end as my hood wont close all the way, the fans and rad are twisted and the car sounds like its dieing. I checked under the car and it hit the rear tow hook and u can see marks all along hte middle of the car.

I have no idea what I should do but here is the thing that pisses me off. Less than 50 meters away from where his happened is a rock quarry where they have crushed and non-crushed rock(looks exactly like the one I went over). There are rocks all over the ****ing road, the exact same lane that the rock i hit was in and I see these trucks leaving the quarry all the time dropping rocks all over the road.

Now i went over and showed them the rock and asked if it was from there place and they said no we dont sell non-crushed rock but you can plainly see a ton of non-crushed rock in the yard. Is there anything i can do as far as making them pay for the damages as there are atleast 3 other decent sized rocks sitting in the same lane on that road but are pushed to the side of the road.

I am ****ing pissed beyond belief because i dont think there is anything i can do and i dont have money to fix this even if its just the rad and maybe twisted rad support that needs fixing?

motti 01-Nov-2004 10:35 AM

It's going to be tough to get anyone to pay for your damages, but it's possible with a bit of work. Did you keep the rock?

First off, companies running construction or pit operations have to ensure that their trucks are not leaving unreasonable muck and debris on the haul routes. That means tire washes and/or continual street cleaning should be done near the site entrance.

Complain to Metro Works about the condition of the road, and do it in writing. Also mention what happened to your car. That way it's on the record, and Metro will send out someone to inspect the situation.

Then make a written request for compensation to both Metro and the company running the site. They'll probably either ignore or refuse it, but again, at least you have it on the record.

Then if you're really determined, get photographic or video evidence of the crap falling off the trucks leaving the site. If you can show that crap is falling off the trucks, whether caused by poor loading practices or by debris caught between dual-tire sets which get spit out once they're up to speed on the road, then you have a much better basis to support a small claims court action.

The other thing you might try doing is to get it covered by insurance. But that is real iffy. It could lead to minor rate hikes if covered by your comprehensive coverage (assuming you have it), or significant hikes if deemed a collision and covered by your collision coverage.

scarlemthug 01-Nov-2004 10:44 AM

yeah i kept the rock and its sitting in my car right now.

Being that this place is around the corner from my house i always see trucks dropping **** on the road and there is like a trail of dirt and rocks along the 1 lane that they usually drive on when they leave the yard.

Should I call metro works or write them a letter? Do they have a website or anything like that?

I was thinking of going over there and video taping the trucks leaving and also video taping the debris thats all over the road from the trucks.

Should i go back and talk to the whoever i can at the place again or what should i do right now?

bbarbulo 01-Nov-2004 11:11 AM

just stake out the road and GET A PIC or VIDEO of **** falling off their trucks, then sue them - they'll settle out of court, I'd ask for $6-10K :nods: I mean your body kit is a REAL C-Westin :wink: Any 1/2 decent lawyer would love to get a case with VIDEO evidence and I'm sure they'd represent you pretty cheaply.

my buddy had a peice of tire smash his front bumper and isht, and he got that paid for by someone. I think the city paid for it or whatever??

I would not go down without a fight. The other option, I would have honestly just slammed on my brakes, if someone nails me, then hey... the HTA says you are following too closely and are not in control of your vehicle. And I had an obvious obstruction on the road (not like a pot hole).

motti 01-Nov-2004 11:32 AM

Always do it in writing. It shows a greater commitment to pursuing the complaint.

bbarbulo 01-Nov-2004 11:59 AM

totally!! I know when I used to be in public service, I'd talk to someone, and 5 minutes later I forgot all about it and nothing ever got done :D haha if it was on my desk, then I couldn't ignore it cuz odds are if I had a copy, someone else had a copy too.

scarlemthug 01-Nov-2004 12:46 PM

i called the transportation people about road debris and the lady took down my name and number and said she was sending a supervisor out to check out the area. When i called it also said all phone calls are recorded or something.

So you guys really think if I can get a video showing debris falling off of a truck that i would have a good chance of winning a settlement?

Right now im just not sure who to talk to or who to call. So i should write a letter to the minisitry of transportation explaining what happend and stuff ASAP?

Only reason I didnt stop was because at first i didnt reliaze it was a rock and by the time i did the TTC bus was like right behind me and i woulda been screwed for sure as this was under a bridge.

motti 01-Nov-2004 01:29 PM

MOT won't care. City streets are under Toronto jurisdiction, not MOT.

Get an estimate and send a claim requesting reimbursement to the operators of the quarry or pit or whatever the place is. Be nice and polite.

While you're giving them time to accept, refuse or ignore the claim, take some time to get pictures, or better yet, clear video of truck leaving the site and whatever crap is falling off the trucks when they do. If you're lucky, you may get footage of some large rocks falling off a few trucks and onto the road. That way, if they balk, start a small claims court proceeding against them using the video as evidence of operational negligence leading to large debris being left on the roadway.

scarlemthug 01-Nov-2004 01:36 PM

right now i need to find a digital camera and a video camera......my cars underbody is ****ed.

I called the general line and then i was transfered to the road cleaning pot hole place for scarborough.

I cant seem to find any addresses on the website so how can i go about mailing them a letter.

imported_JookSingKid 01-Nov-2004 01:37 PM

BB you couldn't have said it any better.

The only way you can get a leg up is to get evidence of how the rock got there. So if you sit there all day with a video cam, do it.

I'm also a little confused as to why you decided to drive over it.
If it were me, I would have opted to stopped and taken my chances rather than drive over it and take my chances.

The dice have been thrown, good luck and get that video cam.

motti 01-Nov-2004 01:40 PM


Originally posted by scarlemthug
right now i need to find a digital camera and a video camera......my cars underbody is ****ed.

I called the general line and then i was transfered to the road cleaning pot hole place for scarborough.

I cant seem to find any addresses on the website so how can i go about mailing them a letter.


Is it a city-owned pit? Or a privately-owned one?

scarlemthug 01-Nov-2004 01:42 PM

well in the 1 or 2 seconds i had to make a decision it was either get rear ended by a ttc bus or go over a rock which i didnt realized it was a rock until i got close.

I am going to sit outside the place and video tape there trucks as long as it takes to get evidence of rocks falling off of there trucks.

If anyone in scarb has a digicam or video camera i could really use the help.

scarlemthug 01-Nov-2004 01:43 PM

when i went in there there was a guy wearing a shirt with what looked like a city logo but the place is called culpri and sons i believe.

shlammed 01-Nov-2004 02:44 PM

I'm pretty sure MTO WILL care. You should give them a call and ask them. As far as I know, there's no such thing has ministry of transportation, Toronto :D Anyways, call them and say you want damages paid for because it's a maintained road and was left UNMAINTAINED. Besides, if they can have patrol cars pulling done up cars over on regular city roads, I'm sure they can listen to your situation here.

Biggy 01-Nov-2004 03:18 PM

man the same thing happened to me friday night, i was coming around a corner on the mountain access coming down it was raining and foggy and as soon as i came around the corner i noticed something on the road as i got closer it was a large rock, maybe close to the high of a pop can i couldnt stop or dodge it i went rite over and heard 3 large smacks, hit front middle and rear of my car luckily i dont think it did any damage but i thought i may have split my oilpan cause i thought i could smell oil. ne ways gl on ur case do wut u gotta do cause thats some bull****

motti 01-Nov-2004 03:44 PM


Originally posted by shlammed
I'm pretty sure MTO WILL care.
MTO is responsible only for maintaining provincial highways, not city streets. City streets are the responsibility of the towns and cities they are in.

scarlemthug 01-Nov-2004 05:00 PM

technically brimley is a highway, the 401 and such are freeways.

I went and talked with the rock yard people and they say that no large rocks like that would be leaving there yard but they admit that they would be coming in on trucks and it would be the responsibility of the truck driver to make sure there load is safe. they also said if anyone was to reimburse me to fix my car it would be the ministry.

I got a quote just to pull the rad support and its gonna cost me $500 to pull it back in place, to replace its gonna be $1500 in labour alone.

I am going to call the ministry and find out where i have to go or who i have to talk to to get reimbursed for this ****.

Whiplash 01-Nov-2004 06:56 PM

too much talkin', too little action Chris..
i wouldn't be saying shyt to the quarry guys..catch them first then talk..
as of right now they're out there after every truck leaves with a broom cleanin' up so they don't have to pay u shyt..

it's all about stealth..
being up front and telling them your intentions let's them cover their asses..
a surprise attack would have been the way to go

scarlemthug 01-Nov-2004 07:18 PM

Although i do believe the quarry people should be responsible it really is the responsibility of the transportation services to maintain the roads to make them safe for people to drive on. I will be talking with them tommorow and making sure i am going to be compensated for the damages aswell as missed pay from work for this mishap.

I will also try to capture debris falling from trucks and go that route aswell because when talking with the quarry guys they said it would be hard to place the blame on someone because they have over 10 different companies coming in and out with trucks at the same time.

Cynikal.Mindset 01-Nov-2004 07:32 PM

construction and other companies like that are super carless...too many times I have had to dodge pieces of metal that have fallen off trucks, wood, rocks, and other stuff that they neglect to pick up...I hope you get compensated for this bro!


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