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Hood damaged by Cement Company

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Old 05-21-2008, 09:31 PM
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jlb532
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Default Hood damaged by Cement Company

They are patching our street, and my baby was parked on the corner. I watched as cement truck after truck barreled down the street, just KNOWING something would happen.

Sure enough, when I went out to run an errand, found a half-dollar size splot of cement baked onto the hood (dried and chunky).

Without touching the car, I immediately went to find the foreman, and brought him over to show him the situation. I took pictures of the car with the splatter, including the foreman standing right next to it.

He asked if I had a hose, and we gently proceeded to "wash" the spot off. It came off, but brought a bit of paint/clearcoat with it...as feared.

I tried waxing over the spot, but to no avail. There is a distinct discoloration where the cement was baked on.

The foreman explained that the cement crew is a separate company whom he subcontracted, but gave me their information and instructed I call them tomorrow. He also said he spoke with the driver of the truck, and he ADMITTED knowing he dropped a little bit.

So I've got the foreman (and apparently the truck driver too) supporting my story, as well as several photos.

My question to the board is, what is the best way to proceed from here? I will settle for no less than a repaint, and don't want to be ignored or brushed aside with "money for a wash and wax job".

Any advice on how to handle this call tomorrow would be appreciated.

Thanks

Last edited by jlb532; 05-22-2008 at 12:27 PM.
Old 05-21-2008, 09:35 PM
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Wellardmac
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Doesn't help you now, but if you knew it was going to happen, then moving the car would have been the best course of action. I'm of the philosophy that what can be screwed up will be screwed up.

Talk with your local Porsche body shop and see what it will take to make it right. Get a written quote, then get the cement company to pay it.
Old 05-21-2008, 09:39 PM
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Chads996
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DOCUMENT EVERYTHING. Contact the cement company and ask for a repair. BE SURE TO DOCUMENT EVERY CONVERSATION, and moment. That is key to a proper fix.

C.
Old 05-21-2008, 09:43 PM
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1999Porsche911
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Police report should be filed first. If you have the company name and or plate number it will be a big help. Your insurance company may also help you once a police report is filed. Cement is easy to remove from paint anyway.
Old 05-21-2008, 10:48 PM
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Miller_arch
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Assuming the road is a public street the Owner of the project is the City (or County). The City hired the Contractor. The Contractor hired the foreman, he is an employee of the Contractor most likely. The concrete company is a subcontractor to the Contractor. The Owner would have required the Contractor to provide insurance to protect the City from claims. The claim is one of personal property I would think. I would focus my attention on the City, the Owner for the project...start at the top.
Old 05-21-2008, 10:59 PM
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911TTCAB
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I agree with 1999. Get a police report then ask your insurance co. what your options are. Since it is not your fault, you can make a claim through your insurance co. and then they will go after the cement co. insurance co. for reimbursement.

I am dealing with this now since my wife got rearended by a SUV. $5K worth of damage to our BMW. It sucks but I am glad we have a good ins. co.
Old 05-21-2008, 11:24 PM
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Robin 993DX
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Every business have what so call liability insurance, when there is any damage from their work the insurance company takes over any issues.

If these were legit companies then they should have liability insurance, but the person you should go after would be the construction company that's in charge of the project. If possible ask the foreman for their liability insurance company's name and the foreman's name who can confirm the incidence and give the insurance company a call.

Start from there.
Old 05-21-2008, 11:38 PM
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PJorgen
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A police report? For what? As far as I can tell no laws were broken, no crime was comitted.

Call your insurance company, they'll pay to fix it and subrogate against the party at fault. End of story.
Old 05-21-2008, 11:42 PM
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ArneeA
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+1 about subrogation, that's what you insurance company for!
Old 05-22-2008, 12:39 AM
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tooloud10
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Originally Posted by PJorgen
A police report? For what? As far as I can tell no laws were broken, no crime was comitted.

Call your insurance company, they'll pay to fix it and subrogate against the party at fault. End of story.
+1...some Porsche owner whining about his car getting some cement splatter isn't going to be a real high priority for the cops anyway.
Old 05-22-2008, 12:43 AM
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Eharrison
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Personally I'd go to the contractor for the ready mix truck (it's not a cement truck). It's easier for them to pay out of pocket than deal with insurance. If they are big enough they might even be self insured. I wouldn't contact your insurance company. Do you really need a ding on the car that you filed a claim on it?

Contact the contractor. Tell him who knows about it and go from there. Starting at the top would be a huge pain in the ***.
Old 05-22-2008, 12:47 AM
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1999Porsche911
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Originally Posted by PJorgen
A police report? For what? As far as I can tell no laws were broken, no crime was comitted.

Call your insurance company, they'll pay to fix it and subrogate against the party at fault. End of story.

If you don't know the law, I guess you wouldn't think to file a report. However, property damage should always be reported to the police if you expect to try to collect for damages. Many insurance companies won't even talk to you about collecting from a third party without one.

I suspect you would call the police if the truck you're following on the highway dropped a big rock out if it's bed and the rock went through your radiator. There is no difference in this case.

Filing a police report does not translate into charges being filed, but it provides for a nice legal description of what ocurred and if the other party is known, requires a written response from them.
Old 05-22-2008, 01:07 AM
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phaphaphooey
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I would jump into the fray but since this is a Porsche board there are obviously many attorneys here who have been in the game for much longer than me and as such can give you better advice. Best of luck in getting your hood resprayed.
Old 05-22-2008, 12:24 PM
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Tippy
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Last edited by Tippy; 05-22-2008 at 02:20 PM.
Old 05-22-2008, 01:24 PM
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spiderv6
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Originally Posted by jlb532
.......I watched as cement truck after truck barreled down the street, just KNOWING something would happen.
Ummm......sorry to ask the absolutely totally obvious, but if you knew that why wouldn't you just go and move it rather than think about legal action after the event?



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