Problem Solvers: Car damage from road work, who is responsible?

Posted at 9:00 PM, Dec 16, 2019

A drive home from work in early December turned into a headache for Tulsan Nancy McCord.

"When I came out Saturday morning and looked I realized there was my wheel was bent and it had tore by hubcap my cover up. (The) Same way back here on the back one it hit 'em both.” says McCord.

“ I was out on 75. I was coming from Owasso. I was southbound and as the construction narrows down I went over like a bridge area and it was like a bomb went off in my car.”

Nancy was driving through a construction zone near the Apache and Lewis exit.

"And I was like oh, lord please let me get home safely." says McCord.

"I can't imagine what I hit to do that it did to my car." she tells us.

She wasn't sure what to do, so she called the Problem Solvers here at 2 Works for You.

We got her in touch with a representative with ODOT so they could direct her to the construction company working on the project.

"When I initially called 'em it wasn't a good conversation and but then I got a call back from them and their tone changed a lot and they were more you know wanting to try to help to see what we can do to help me out in this situation." says McCord.

Depending on the type of road being worked on you'll need to contact ODOT, the City or the County to find out which construction company is working on that specific project.

We spoke with a representative with PBX construction, the company doing the work in Nancy's case.

They didn't want to go on camera but told Nancy to get an estimate for the repairs.

They tell us they'll submit it to their insurance company for review.

Nancy says she looks forward to hearing back and hopes her car gets the repairs it needs.

If you find yourself in a situation like this, here's some tips:

-If it is safe, and construction workers are present, pull over off the highway in the construction zone to see if they saw what happened.

-Take pictures of the area and the damage.

-If it is not safe, go on to a well-lit area and take photos of the damage and make a note of where it happened.

From ODOT:

*First, for any immediate hazards on the highway, drivers should get to a safe location and call *55 to report the issue. Providing the highway, direction, specific lane and nearby cross-street or landmark will greatly help crews locate the issue.

*Contractors on highway work zone are responsible for the maintenance of the work zone. If there is a hazard, drivers would need to report the issue as mentioned above. They would then need to contact the contractor to discuss a claim with them.

*If it is a hazard on the highway and not in a work zone, the same recommendation applies to report it as quickly as possible. For claims, drivers can contact the Risk Management office at the Division of Capital Assets Management in the Office of Management and Enterprise Services. They will explain what type of information and details will be required for claim consideration.

*Risk Management -Division of Capital Assets Management (DCAM), Office of Management and Enterprise Services

405-521-4999 [http]

*Once the claim is received, DCAM will contact the agency to further investigate.

*Under the Oklahoma Governmental Tort Claims Act, claimants must prove the agency was negligent in its operations. (For example – agency had to be notified of a problem area prior to the incident, which then has a reasonable amount of time to address the issue.)

*As claims are paid for with taxpayer money, each claim is thoroughly investigated. Just because a claim is filed does not necessarily mean it is a legitimate claim or that it will meet

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