View Full Version : CDOT damage claim
Well, a CDOT mowing crew destroyed my driveway culvert yesterday. Anyone got a good contact to get it resolved?
Dude hit the culvert, leaving one of his mower blades actually in the culvert, and kept driving. I would say that the mowing pattern after my driveway was pretty terrible.
ChickNorris
06-18-2019, 07:04
Pic?
I chuckled because I?m picturing them stepping up and replacing your culvert. I imagine it shouldn?t take them more than a couple of months once they start the job.
Good luck.
Pic:
https://photos.app.goo.gl/itXZnRiW1oZ4zQDW8
ChickNorris
06-18-2019, 07:14
It was fortunate they left something behind for you to assign fault.
ChickNorris
06-18-2019, 07:17
SideShowBob might have a suggestion, he works for them (different division though).
It was fortunate they left something behind for you to assign fault.
I have him on security camera too.
I bet that mower was shaking like crazy. He half-ass mowed another 10 miles after my house.
Bailey Guns
06-18-2019, 07:28
You barely got toes in that pic.
BushMasterBoy
06-18-2019, 08:35
Get a police report. Save the video to a DVD. Submit a claim per form below...
https://www.colorado.gov/pacific/dhr/submit-claim
USMC88-93
06-18-2019, 08:39
Could it have been a county crew?
Could it have been a county crew?
I live on a state highway, and the construction crew in the area saw CDOT vehicles in the area yesterday
buffalobo
06-18-2019, 12:13
I drive by everyday wondering which place is yours.
I mow the ditch before the state comes thru just for that reason. I put in a larger culvert than state called for when building my driveway. They approved it with the stipulation that if damaged or removed and replaced by state due to construction/maintenance it would not be the size I installed.
If same crew that mows in our area they tear up shit pretty fast.
Great-Kazoo
06-18-2019, 12:33
Technically the culvert is not on your property, but the county's or states, depending what the road is designated as. That's considered the right of way as it is designated, almost anywhere.
Except for the potential to cut yourself on the blade or the torn culvert, exactly what damage was caused? When you say destroy a culvert, I think that means that water won’t go through it anymore. Because who is correct, that culvert is not yours anyway.
I paid for the culvert and its installation.
It is damaged enough that it will not pass water properly. The lip on the apron that is supposed to be buried below surface level is bent up 6-8 inches, actually blocking the culvert. If allowed to stay like that, it will wash out all the material around it.
Without that culvert in place, the property would be difficult to access in the average passenger car. My trash pickup and mail delivery would cease.
Great-Kazoo
06-18-2019, 17:03
I paid for the culvert and its installation.
It is damaged enough that it will not pass water properly. The lip on the apron that is supposed to be buried below surface level is bent up 6-8 inches, actually blocking the culvert. If allowed to stay like that, it will wash out all the material around it.
Without that culvert in place, the property would be difficult to access in the average passenger car. My trash pickup and mail delivery would cease.
Well since the culvert pipe was paid for by you. I suggest you contact by phone & an email for documentation CDOT. Ask them to respond before end of business day 6/19/19
They're might say contact your ins company.
If that's the case, actually no matter what they say. If they're less than responsive before thursday morning. Let them know come 6/20/19 you will be filing a police report for their driver leaving the scene of an accident. Tell them you have it not only on the security camera , but the piece of their plow that broke off and was left in the area.
.
whitewalrus
06-18-2019, 17:26
I have him on security camera too.
I bet that mower was shaking like crazy. He half-ass mowed another 10 miles after my house.
Reminds me of the pictures you always see of the highway painting. Sorry to hear about this though, that really sucks
https://digitalsynopsis.com/wp-content/uploads/2016/03/not-my-job-funny-pics-feature-image.jpg
Well, the good news farm is back in business...
Because of my dammed up culvert, the ditch is barely flowing. Meanwhile, about 60% of my driveway is overflowing with water after today's storm.
ChickNorris
06-20-2019, 19:31
Pics!
Generally any insurance claims dealing with the government are an extra pain in the ass and take FOREVER, so be aware of that. Generally when it comes to third party claims you'll want to go through your carrier to get the damage repaired quickly and completely. Once everything has been completed, your insurance company will go after the liable party for damages, including your deductible. If you don't want to use your insurance company, the at fault party's insurance carrier is just going to tell you to repair everything and send them a total bill once everything is done and paid for.
Good luck.
Pics!
Sent one to your cell
ChickNorris
06-20-2019, 19:41
Mighty fine lake you got there.
When are you going to stock it so you can fish from the porch?
Mighty fine lake you got there.
When are you going to stock it so you can fish from the porch?
Cant, the EPA will be here within the week to fine me for illegally creating a pond.
buffalobo
06-20-2019, 20:04
Cant, the EPA will be here within the week to fine me for illegally creating a pond.
And a metro county will sue you for the water.
ChickNorris
06-20-2019, 23:15
Then they'll charge you to drain it & thereafter fine you for destruction of wetlands.
Then they'll charge you to drain it & thereafter fine you for destruction of wetlands.
https://www.youtube.com/watch?v=ASoD9xMUxs0
I asked risk management today and the said to submit it here: https://www.codot.gov/topcontent/contact-cdot and someone one will call you back.
If it is in CDOT region 1 call
303-759-2368
If it is a the threat to the roadway, which flooding is, they will typically act quickly.
At the website click the highway maintenance circle then when the map pops up, click on the county you live in.
At the website click the highway maintenance circle then when the map pops up, click on the county you live in.
Did that. Basically had to fill out and snail mail (certified) a form that someone posted earlier. The phone response was basically "our bad, fill this shit out and wait 2 months".
I sent them a $3k estimate
ChickNorris
09-17-2019, 08:23
Update?
Claim was submitted 6/24, state says they received it on 7/10. Even though the estimated response time is 6-8 weeks, as of right now there is not even an adjuster assigned.
Mower blade is still in the ditch. Dude didn't even get close to the culvert when he mowed this month.
So since CDOT isn't paying, are they at least giving you the contractor info so you can go after them directly?
What would it realistically take to fix?
So since CDOT isn't paying, are they at least giving you the contractor info so you can go after them directly?
What would it realistically take to fix?
CDOT wont even speak to me. They have some company that plays man in the middle for claims.
To completely repair the damage, you would have to dig up driveway and R&R.
I'm going to end up digging out one side enough to get the apron off. Then I'll use a BFH to mitigate the damage to the culvert and replace the apron.
I may drive the chunk of mower into the ground for their tires.
This is what I got on March 24.
Your Notice of Claim has been investigated. You stated that on June 17, 2019, a CDOT mower
damaged your driveway culvert. We confirmed that CDOT did have a mowing operation in your
area on that date.
The Colorado Governmental Immunity Act statute ?24-10-106 (1)(a) allows CDOT to accept
property damage claims when the damage is caused by a motor vehicle owned by CDOT. In
your case, the mowing equipment used to maintain the right-of-way on Highway 79 is not
considered a motor vehicle since the mowing equipment is not designed primarily to carry
persons and property while traveling on State of Colorado roadways. Because this piece of
CDOT maintenance equipment does not meet the Colorado Governmental Immunity Act (CGIA)
definition of a motor vehicle, your claim for damages is respectfully denied.
Sure would be awful if someone put concrete balls in the grass to Jack their mower blades.
Sure would be awful if someone put concrete balls in the grass to Jack their mower blades.
Or, put their 3' section of mower blade out there to damage their mower blades...
How dare you challenge the king's mowers.
I really find it stupid that the damage is defined by the vehicle/equipment, without regard to the operator.
Half a dozen pieces of 3/4 rebar driven into the ground at strategic locations might be effective in getting their attention...
Half a dozen pieces of 3/4 rebar driven into the ground at strategic locations might be effective in getting their attention...
Perhaps they'll avoid doing it again if they have to replace the blades on the mower on a regular basis?
Extra points for getting some dudes together dressed like CDOT to pound in the rebar, and you take pics.
“I took pics thinking maybe it was in prep to fix the damage. Was that not you guys?”
One could make some caltrops out of some 1/4 plate or 60d nails and they would hide in the grass rather well....
You could file a claim with your own insurance and have them go after CDOT, but I wouldn't advise that because 1) I have a feeling the culvert isn't covered and you don't want a claim for nothing, and 2) the subrogation people at your insurance company will be better at dealing with the state than you, but could still get shut down.
I wonder if a lawyer wouldn't be able to argue that case on your behalf, or just the threat of a lawyer might make them fix it. The cost of the lawyer has got to be way more than what you'd be owed though. I once had a claim where a guy in a road grader backed over the hood of a lady at a stop behind him and that got through to the state, I think, before it got taken off my desk and moved up the chain.
Media attention might be useful, better than property damage.
If you decide to replace yourself this video might be helpful.
https://youtu.be/15XJDmawbYU
Extra points for getting some dudes together dressed like CDOT to pound in the rebar, and you take pics.
“I took pics thinking maybe it was in prep to fix the damage. Was that not you guys?”
Extra points for using rebar from the CDOT lab that tests it?
How dare you challenge the king's mowers.
I really find it stupid that the damage is defined by the vehicle/equipment, without regard to the operator.
It's so they don't have to be liable for construction equipment doing damage, especially when they aren't operating directly on a roadway. If a State backhoe runs a red light and injures someone, chances are they will accept that claim despite the previous cited Act because the backhoe was using the streets within their intended purpose.
you can bet your bippy that if one of us common folk decided to get drunk and drive a tractor pulling a mower down the side of the road and we got pulled over by the police, the state would indeed consider a "tractor with a mower" attached as "motor vehicle".
Unbelievable that they are using that as an excuse to get out of taking care of their Fu@K up.
you can bet your bippy that if one of us common folk decided to get drunk and drive a tractor pulling a mower down the side of the road and we got pulled over by the police, the state would indeed consider a "tractor with a mower" attached as "motor vehicle".
Unbelievable that they are using that as an excuse to get out of taking care of their Fu@K up.
Steve can attest to that.
https://www.youtube.com/watch?v=95qZtwJNjxk
Extra points for using rebar from the CDOT lab that tests it?
Indeed.
theGinsue
05-15-2020, 10:18
Sure would be awful if someone put concrete balls in the grass to Jack their mower blades.
Or, put their 3' section of mower blade out there to damage their mower blades...
Just be very careful not to use anything that could become a "missile" that the mower could project out and hurt someone.
My folks have a huge area on both sides of their culvert that is "rip-rap'd" with stone. This serves to both reduce erosion and to ensure no mowers can get near the actual culvert. But then, the county performs mowing operations along their roadway, and they only go out from the edge of the gravel about 1 mower width. They perform these operations regularly - at least once every 5 years (or less).
CGIA is a fun act. Among many issues, the state can use it's insurance provisions to extend immunity to entities that don't otherwise have immunity, simply by arguing the insurance would obligate the treasury (taxpayers) if it had to pay a claim. Real circular logic. They also have strict 180 day notice requirements which have obviously passed, so I don't think you're own insurance company could argue squat even if they were motivated. Everyone seems to agree you're boned.
From my own time mowing, if you cut off a steel post near the ground, sometimes you'll go beyond the sacrificial pin and straight up bend the crankshaft. $%$#ing former homeowners apparently had a mailbox there. No shrapnel from that!
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