Question from Anonymous

Mayor why must an insurance company be responsible for repairs to a vehicle that is damaged due to roadwork by a construction company?

Steve Connelly answered:

I think that the question is who should be responsible for paying to repair the damage to your car. The options would be yourself, the contractor, another driver or the city.To what degree did one or more of those individiuals cause the damage? As I understand your description of the occurance, you drove over a rough patch in the road and your car was damaged. Therefore, a third driver was not at fault and the city was not at fault. That leaves you and the contractor. If you are at fault, your insurance company should pay for the damage if you have comprehensive coverage. It may be that both you and the contractor have some responsibility. Certainly, a driver proceeding through a construction area has a duty to be alert for rough patches and drive defensively. How do you think responsibility for your damages should be allocated?