u guys know a good traffic lawyer? 2g damage to highway Westminster area

[Persocon]

Hey Any of you guys know a good traffic lawyer in the Westminster area?

I had an accident and damaged the guard rail on highway 36 near by 92nd ave exit, all the way back in Mar 2010.
DOT sent a bill for the damages almost 3 years later, I got the bill yesterday.

Is there something that says they have 90 days to notify me or else it doesn't count, maybe?

[panic]$2,000 of damage. I've always have active insurance but I've changed companies since then, not sure if the company I had during the accident would even answer my call.

[10mm-man]

Hey Any of you guys know a good traffic lawyer in the Westminster area?

I had an accident and damaged the guard rail on highway 36 near by 92nd ave exit, all the way back in Mar 2010.
DOT sent a bill for the damages almost 3 years later, I got the bill yesterday.

Is there something that says they have 90 days to notify me or else it doesn't count, maybe?

[panic]$2,000 of damage. I've always have active insurance but I've changed companies since then, not sure if the company I had during the accident would even answer my call.

Contact insurance underwriter- If you had insurance I wouldn't even worry......

[Sawin]

Contact insurance underwriter- If you had insurance I wouldn't even worry......

Yeah, I'm sure your insurance company has seen this scenario once or twice before, and will have a good idea of how to address it.

[Persocon]

ok Thank you guys very much. I'll try that company first. Thanks!

[def90]

With all of the construction does the guardrail even exist anymore? :)

[SideShow Bob]

With all of the construction does the guardrail even exist anymore? :)

It is gone in both directions in that area. The contractor scraped it out.

[Ashton]

DOT sent a bill for the damages almost 3 years later, I got the bill yesterday.


The good news is that the gov moves so slow that you could probably ignore it for a few more years before you have to contact your insurance company [ROFL3]

[10mm-man]

The good news is that the gov moves so slow that you could probably ignore it for a few more years before you have to contact your insurance company [ROFL3]


NO! When they find you and you owe the GOV they want it now! Only when they owe you, do they move slow.......

[Irving]

Just call the insurance company that you were insured with before. They can just reopen the claim. Whoever handled the claim the first time didn't do their job. There is a statute of limitations for property damage in Colorado, but I don't remember off the top of my head what it is. Did they just send you a bill, or were there pictures with an itemized list of damages?

Also, underwriters only speak with people in the insurance industry, they don't talk to the public. 10mm-man meant your claims adjuster.

[10mm-man]

10mm-man meant your claims adjuster.

I assumed the company he was with was out of business or he didn't know were they were or like he said; wouldn't answer his call. So I said call the underwriter figured someone could tell him how to proceed, if the business was gone, someone underwrote the policy. Just guessing though........

[Persocon]

Just call the insurance company that you were insured with before. They can just reopen the claim. Whoever handled the claim the first time didn't do their job. There is a statute of limitations for property damage in Colorado, but I don't remember off the top of my head what it is. Did they just send you a bill, or were there pictures with an itemized list of damages?

Also, underwriters only speak with people in the insurance industry, they don't talk to the public. 10mm-man meant your claims adjuster.

I was with eSurance that time, now it seems AllState bought them out.

DOT sent me a bill with itemized list of damages but no pictures.

[Snowman78]

Just call the insurance company that you were insured with before. They can just reopen the claim. Whoever handled the claim the first time didn't do their job. There is a statute of limitations for property damage in Colorado, but I don't remember off the top of my head what it is. Did they just send you a bill, or were there pictures with an itemized list of damages?

Also, underwriters only speak with people in the insurance industry, they don't talk to the public. 10mm-man meant your claims adjuster.


24 months from the date of loss is the statute of limitations for property damage in Colorado.

[Persocon]

24 months from the date of loss is the statute of limitations for property damage in Colorado.

so does this mean I don't have to do anything, not even contacting Esurance?

or hire a lawyer to write legal talk and show DOT they're too slow?

[funkfool]

Scan and post the bill with your personal info 'shopped out - this I'd like to see.
If greater than 24 months... hmmm. Slow MF's

[Persocon]

http://i108.photobucket.com/albums/n36/PurseOcon/PhotoFeb08112001AM_zps89d6d462.jpg
http://i108.photobucket.com/albums/n36/PurseOcon/PhotoFeb08112025AM_zps73e88161.jpg

[funkfool]

The gall of some .gov people.

[funkfool]

CRS 43-1-112

Colorado Statutes

Title 43. TRANSPORTATION

GENERAL AND ADMINISTRATIVE

Article 1. General and Administrative

Part 1. DEPARTMENT OF TRANSPORTATION

Current through 2012 First Extraordinary Session

§ 43-1-112. Legal services

(1) The attorney general shall provide legal services for the department of transportation, including the commission.
(2) The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
(a) To acquire rights-of-way and other property for the department as provided by law for transportation purposes;
(b) To recover damages for negligence resulting in injury to property of the department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
(c) To enforce or recover damages for the breach of contracts entered into by the department;
(d) To quiet title to or to recover real or personal property or any interest or right therein;
(e) For any other purpose necessary and proper for carrying out the functions of the department.
(3) To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105 , C.R.S. The bill shall provide notice of the right to appeal.

Cite as C.R.S § 43-1-112

History. L. 91: Entire part R&RE, p. 1032, § 1, effective July 1. L. 95: (2)(b) amended and (3) added, p. 1301, § 3, effective June 5.

[Snowman78]

Did you make a claim for the damage to your vehicle when the accdent happened? No matter what I would contact the insurance companie you had at the time of the loss and let them deal with it. As long as you had libilty coverage at the time of the accdent they should take care of it. C-Dot may be exempt from the statute of limitations

[BushMasterBoy]

http://www.state.co.us/gov_dir/leg_dir/olls/sl1995/sl_246.htm

I would dispute it. And as others have said, inform insurance company.



43-1-112. Legal services. (2) The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
(b) To recover damages for negligence resulting in injury to property of the department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
(3) To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to appeal

[funkfool]

http://www.uslaw.org/files/public/Colorado.pdf
Statutes of Limitations
I) Property damage.
Tort actions for property damage arising from motor vehicle use, except for strict liability or failure to warn, must be brought within 3 years. COLO. REV. STAT. § 13-80-102(1)(n)(I) (2008).

[Persocon]

Got it. I had full coverage back then, I will get a hold of the original adjuster.

Within 3 years, they cut close like they do with CCW permits.

Thank you all very much for the help and your precious time.

[funkfool]

I tell ya, you gotta be a freakin' Rubik's cube master to untangle some of this crap.
http://search.jurisearch.com/NLLXML/getcode.asp?statecd=CO&codesec=13-80-102&sessionyr=2012&Title=13&noheader=1
Title 13. COURTS AND COURT PROCEDURE

LIMITATION OF ACTIONS

Article 80. Limitations - Personal Actions

Current through 2012 First Extraordinary Session

§ 13-80-102. General limitation of actions - two years

(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
(a) Tort actions, including but not limited to actions for negligence, trespass, malicious abuse of process, malicious prosecution, outrageous conduct, interference with relationships, and tortious breach of contract; except that this paragraph (a) does not apply to any tort action arising out of the use or operation of a motor vehicle as set forth in section 13-80-101(1) (n);
(b) All actions for strict liability, absolute liability, or failure to instruct or warn;
(c) All actions, regardless of the theory asserted, against any veterinarian;
(d) All actions for wrongful death;
(e) Repealed.
(f) All actions against any public or governmental entity or any employee of a public or governmental entity for which insurance coverage is provided pursuant to article 14 of title 24, C.R.S.;
(g) All actions upon liability created by a federal statute where no period of limitation is provided in said federal statute;
(h) All actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided in this section or section 13-80-103;
(i) All other actions of every kind for which no other period of limitation is provided;
(j) All actions brought under section 42-6-204, C.R.S.;
(k) All actions brought under section 13-21-109(2).

[funkfool]

http://search.jurisearch.com/NLLXML/getcode.asp?userid=GUEST9&interface=&statecd=CO&codesec=13-80-101&sessionyr=2012&Title=13&datatype=S&noheader=1&nojumpmsg=0

http://www.scstatehouse.gov/code/t56c009.php (http://www.scstatehouse.gov/code/t56c009.php)

Good luck - call your agent and get them on this ASAP...
How were the road conditions? I saw a statute in there alluding to 'percentage of responsibility' due to conditions?

[Persocon]

Thanks I'll need the luck.

Road conditions were icy 10pm at night, after I pulled over, there was another car that hit the concrete barrier trying to get around me even though westminster PD was all lit up as we wait for a tow truck.