Hoovey689

iTrader: (16)

Texas DOT refuses to pay for damage when road sign falls on SUV

A Texas woman recently found herself with no recourse after a large traffic sign fell on her Lexus SUV. Stephanie Hawkins was stopped at a light with her teenage daughter when she felt her vehicle shake violently. Thinking she'd been in an accident, she stepped outside only to find a sign had fallen over onto her vehicle. After taking photos of the incident and receiving a repair estimate of $2,791.25, Hawkins filed a claim with the Texas Department of Transportation. TxDOT quickly responded by saying the state government was not responsible for the damage and therefore would not pay to fix her vehicle.

How is that possible? According to Texas, government agencies are not liable for damages caused while performing government safety functions. That includes maintaining signs. The ruling is part of the Texas Tort Claims Act and the Doctrine of Government Immunity. In a separate statement, TxDOT said it investigated the claim and found no negligence on its part.

Source and Video:
http://www.autoblog.com/2012/09/29/t...-falls-on-suv/

cino

iTrader: (1)

And They decide to charge anyone who does any damage to the sign.

Harbinger

...and that is why you carry comprehensive insurance converage. pay your deductibe, let the insurance company repair your vehicle and subrogate the appropriate party & reimburse your deductible after much negotiation and stalling by the government agency. A layperson stand no chance of obtaining compensation for their claim single-handedly.

JessePS

Got to love governments. They screw up and you are still stuck holding the bag.

hypervish

+1.

Why am I not surprised they refused to pay for damages...

I8ABMR

this is why we have lawyers. They will get something out of them

Aron9000

Sounds like some class A bull****. What if a TxDOT truck ran a red light while driving to a road construction site and hit her? Are they saying that they bear no liability???? Its the same damn thing.

tex2670

No they won't--most states have a law like Texas Tort Claims Act and the Doctrine of Government Immunity. The state is completely immune from liability, unless you can fit it into an exception in the law.