Hit exploded water main

kenchan · 08-26-2014, 05:14 PM

regardless of who the other party is, i would involve my insurance company... i pay premiums every 6months for the car, better put my agent to good use to argue on my behalf.

SwissCheese · 08-26-2014, 09:53 PM

Quote:

Originally Posted by kenchan

um that's not really similiar since you can wash your car to prestine condition again?

op- since you're questioning here, have your dealer or mechanic go over the bottom of the car and suspension bits for any breaks.

Very true! I just thought it was coincidental that I also encountered a road with a water-main break (although my experience wasn't nearly as bad as the OP's).

Hopefully the OP can get this resolved.

Dirk McGurck · 08-26-2014, 10:02 PM

Quote:

Originally Posted by T.lynch

A few weeks ago I was driving home on a main road around 11 at night. I just washed my car that day and noticed a puddle in the lane ahead. I moved over in to the next lane to avoid the puddle and hit a huge bump and pretty much launched off of it. I lost control of the car briefly but was able to correct it. Turns out a water main exploded and warped the street causing a giant speed bump essentially. The road was also flooded which made it hard to see. Long story short I called the police and filed a report.

There was no visual damage to the car, but at the speed I was traveling and the impact of the bump I'm worried something was damaged. I can tell the car needs an alignment and ever since then, at idle, there is an obnoxious drone inside the car (any ideas?).

I plan to file a claim and should be able to get the damages covered by the DOT for the state. Just wondering what everyone's thoughts were or if anyone dealt with a similar situation.

What road was this on?

Dirk McGurck · 08-26-2014, 10:05 PM

Also, I know a good independent dealer that takes care of me and my buddy's Zs. In New Castle.

T.lynch · 08-27-2014, 04:09 AM

Quote:

Originally Posted by Dirk McGurck

What road was this on?

Foulk Road heading North right before the Murphy/Wilson intersection.

I am probably going to take it to Cavallo on 202 in chadds ford but thanks for the suggestion. I don't think I've ever seen your car around..

Dirk McGurck · 08-27-2014, 07:16 AM

Wow. I've used that road to get to work sometimes. Glad I didn't yesterday. I live off Grubb and work at DuPont on 141.

Place is called United Auto Sales. It's by the airport. They sell mainly Gs and Zs, so they're well familiar with the cars.

T.lynch · 08-27-2014, 10:52 AM

Oh ok. I am familiar with that place. I work about 10 min from there at JP Morgan in Newark. I visited them when I started my search for a Z.

I live about 5 minutes from Grubb road. On Saturday's I go up to Cars & Coffee in West Chester if youre ever interested in taking a cruise up. There is usually a good turn out when the weather is nice.

Dirk McGurck · 08-27-2014, 02:50 PM

I'll have to check it out sometime.

T.lynch · 10-07-2014, 07:17 PM

So its been a while since I posted on this thread. since my last post I have reached out to the state of Delaware as well as the city of Wilmington where the incident occurred. I have been rejected by both parties based on a law that provides immunity to governmental entities in these types of cases. Seems absurd you can write in a law basically protecting you from suit, but nonetheless this is how our government works.

However, I did look in to the laws they cited and there is a relative law that states exceptions to this law of immunity. I feel my case (read above) falls within the exceptions in part 3. Below is the law and the exceptions to the law. Any lawyers on here feel free to chime in on your opinion of the strength of my case as it relates to the exceptions.

Immunity from suit Law:

(a) Except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages. That a governmental entity has the power to sue or be sued, whether appearing in its charter or statutory enablement, shall not create or be interpreted as a waiver of the immunity granted in this subchapter.
(b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from:
(1) The undertaking or failure to undertake any legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, regulation, resolution or resolve.
(2) The undertaking or failure to undertake any judicial or quasi-judicial act, including, but not limited to, granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial.
(3) The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion be abused and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid or invalid.
(4) The decision not to provide communications, heat, light, water, electricity or solid or liquid waste collection, disposal or treatment services.
(5) The discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, except as provided in subdivision (3) of § 4012 of this title.
(6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of such ways including but not limited to street signs, traffic lights and controls, parking meters and guardrails.
Paragraphs (1) to (6) of this subsection to which immunity applies are cited as examples and shall not be interpreted to limit the general immunity provided by this section.
(c) An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or willful and malicious intent.

Exceptions to Immunity Law:

(3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. -

DjSquall · 10-07-2014, 07:36 PM

Crap like this is what insurance is for. $hit happens.

Dirk McGurck · 10-07-2014, 10:08 PM

Good luck, bud. They've been working on that area lately, too.

SouthArk370Z · 10-07-2014, 10:17 PM

Quote:

Originally Posted by T.lynch

...
Exceptions to Immunity Law:

(3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. -

I'm no lawyer but I read that as it has to be a hazmat spill/discharge and I don't think water would be classified as a hazmat. YMMV

Justice97 · 10-08-2014, 12:43 AM

Quote:

Originally Posted by SouthArk370Z

I'm no lawyer but I read that as it has to be a hazmat spill/discharge and I don't think water would be classified as a hazmat. YMMV

yep

Exception #3 is not a pipe bursting onto streets, it is hazard waste going into rivers.

and sorry to hear about your car. Insurance should take care of it. It sucks but what do you do.......COLD BEER!!!!!

T.lynch · 10-08-2014, 05:09 PM

Quote:

Originally Posted by Justice97

yep

Exception #3 is not a pipe bursting onto streets, it is hazard waste going into rivers.

and sorry to hear about your car. Insurance should take care of it. It sucks but what do you do.......COLD BEER!!!!!

Either of you agree "the sudden discharge, release or dispersal of LIQUIDS (water) into or upon land (the street)" is relevant to my case? Just trying to get different opinions.

SouthArk370Z · 10-08-2014, 06:06 PM

Quote:

Originally Posted by T.lynch

Either of you agree "the sudden discharge, release or dispersal of LIQUIDS (water) into or upon land (the street)" is relevant to my case? Just trying to get different opinions.

"... toxic chemicals, liquids or gases, ..." (my emphasis). Unless the water was contaminated, my guess is that you're SOL.

I suggest asking an actual lawyer instead of a bunch of legal bozos on the Intertubes.

08-26-2014, 05:14 PM	#16 (permalink)
kenchan A True Z Fanatic Join Date: Aug 2009 Location: N/A Posts: 76,801 Drives: N/A Rep Power: 141521	regardless of who the other party is, i would involve my insurance company... i pay premiums every 6months for the car, better put my agent to good use to argue on my behalf. mayday813 likes this.

08-26-2014, 10:05 PM	#19 (permalink)
Dirk McGurck Track Member Join Date: Jun 2014 Location: Delaware Posts: 715 Drives: 09 MB 370Z Touring Rep Power: 21	Also, I know a good independent dealer that takes care of me and my buddy's Zs. In New Castle. __________________ 2009 370Z Touring with Sport

08-27-2014, 07:16 AM	#21 (permalink)
Dirk McGurck Track Member Join Date: Jun 2014 Location: Delaware Posts: 715 Drives: 09 MB 370Z Touring Rep Power: 21	Wow. I've used that road to get to work sometimes. Glad I didn't yesterday. I live off Grubb and work at DuPont on 141. Place is called United Auto Sales. It's by the airport. They sell mainly Gs and Zs, so they're well familiar with the cars. __________________ 2009 370Z Touring with Sport

08-27-2014, 02:50 PM	#23 (permalink)
Dirk McGurck Track Member Join Date: Jun 2014 Location: Delaware Posts: 715 Drives: 09 MB 370Z Touring Rep Power: 21	I'll have to check it out sometime. __________________ 2009 370Z Touring with Sport

10-07-2014, 07:36 PM	#25 (permalink)
DjSquall A True Z Fanatic Join Date: Apr 2010 Location: Tottenham, ON Age: 36 Posts: 1,340 Drives: My first car Rep Power: 22	Crap like this is what insurance is for. $hit happens. __________________ My Z did p0rn Last edited by DjSquall; 10-07-2014 at 07:39 PM.

08-27-2014, 10:52 AM	#22 (permalink)
T.lynch Base Member Join Date: Apr 2014 Location: Wilmington, de Posts: 45 Drives: '10 Anniversary #705 Rep Power: 11	Oh ok. I am familiar with that place. I work about 10 min from there at JP Morgan in Newark. I visited them when I started my search for a Z. I live about 5 minutes from Grubb road. On Saturday's I go up to Cars & Coffee in West Chester if youre ever interested in taking a cruise up. There is usually a good turn out when the weather is nice.

10-07-2014, 07:17 PM	#24 (permalink)
T.lynch Base Member Join Date: Apr 2014 Location: Wilmington, de Posts: 45 Drives: '10 Anniversary #705 Rep Power: 11	So its been a while since I posted on this thread. since my last post I have reached out to the state of Delaware as well as the city of Wilmington where the incident occurred. I have been rejected by both parties based on a law that provides immunity to governmental entities in these types of cases. Seems absurd you can write in a law basically protecting you from suit, but nonetheless this is how our government works. However, I did look in to the laws they cited and there is a relative law that states exceptions to this law of immunity. I feel my case (read above) falls within the exceptions in part 3. Below is the law and the exceptions to the law. Any lawyers on here feel free to chime in on your opinion of the strength of my case as it relates to the exceptions. Immunity from suit Law: (a) Except as otherwise expressly provided by statute, all governmental entities and their employees shall be immune from suit on any and all tort claims seeking recovery of damages. That a governmental entity has the power to sue or be sued, whether appearing in its charter or statutory enablement, shall not create or be interpreted as a waiver of the immunity granted in this subchapter. (b) Notwithstanding § 4012 of this title, a governmental entity shall not be liable for any damage claim which results from: (1) The undertaking or failure to undertake any legislative act, including, but not limited to, the adoption or failure to adopt any statute, charter, ordinance, order, regulation, resolution or resolve. (2) The undertaking or failure to undertake any judicial or quasi-judicial act, including, but not limited to, granting, granting with conditions, refusal to grant or revocation of any license, permit, order or other administrative approval or denial. (3) The performance or failure to exercise or perform a discretionary function or duty, whether or not the discretion be abused and whether or not the statute, charter, ordinance, order, resolution, regulation or resolve under which the discretionary function or duty is performed is valid or invalid. (4) The decision not to provide communications, heat, light, water, electricity or solid or liquid waste collection, disposal or treatment services. (5) The discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, except as provided in subdivision (3) of § 4012 of this title. (6) Any defect, lack of repair or lack of sufficient railing in any highway, townway, sidewalk, parking area, causeway, bridge, airport runway or taxiway, including appurtenances necessary for the control of such ways including but not limited to street signs, traffic lights and controls, parking meters and guardrails. Paragraphs (1) to (6) of this subsection to which immunity applies are cited as examples and shall not be interpreted to limit the general immunity provided by this section. (c) An employee may be personally liable for acts or omissions causing property damage, bodily injury or death in instances in which the governmental entity is immune under this section, but only for those acts which were not within the scope of employment or which were performed with wanton negligence or willful and malicious intent. Exceptions to Immunity Law: (3) In the sudden and accidental discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalines and toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. -

10-07-2014, 10:08 PM	#26 (permalink)
Dirk McGurck Track Member Join Date: Jun 2014 Location: Delaware Posts: 715 Drives: 09 MB 370Z Touring Rep Power: 21	Good luck, bud. They've been working on that area lately, too. __________________ 2009 370Z Touring with Sport

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