TMC is an independent, primarily volunteer organization that relies on ad revenue to cover its operating costs. Please consider whitelisting TMC on your ad blocker or making a Paypal contribution here: paypal.me/SupportTMC

If my car is damaged, can I file a claim with State of HI?

Discussion in 'Hawaii' started by Akikiki, Jul 8, 2013.

  1. Akikiki

    Akikiki A'-Lo-HA ! y'all

    Joined:
    Nov 26, 2012
    Messages:
    1,607
    Location:
    Kaneohe
    I recently spotted a Kokua Line article on vehicle claims and thought it worth mentioning here. Just in case… Gosh, I hope no one needs this. But part of thinking about such a situation is also prevention.

    What happens if I encounter damage to my car while on state property such as the roads or parking lots and structures? Considering that we have some of the worse roads and best potholes, it's possible we could break an alloy wheel or cut a tire. So if road hazard insurance doesn’t pay for it, what other options do we have? Can I send the bill to the state?

    You can file a claim against the state by getting a claim form from the state Department of Transportation. Call 831-6712

    You can find information on filing any kind of claim against the state on the Department of Accounting and General Services’ website. Frequently Asked Questions (FAQs) Public | Department of Accounting and General Services

    In the case of damage to vehicles, you are advised to document your claim including getting two estimates for repair of the damage, or the repair bill; photographs; registration and insurance card (for a vehicle); plus other documentation proving ownership.

    If your claim is accepted, an adjuster from the department’s Risk Management Office will investigate. A decision will take about 60 days and will be based on whether the state was negligent in not preventing the incident from occurring.

    You are also advised to file a claim as soon as possible because the statute of limitations on any claim against the state is two years from the date of the incident or accident.

    “That means, if your claim is not resolved before the two-year statute of limitations, the state is not obligated to settle the claim,” according to the website. The fact that you submit does not mean that you have taken action to prevent the statute of limitations from expiring.

    This info is likely not all inclusive of what you would need to do or know about a claim. But it should remind us that there is a chance the state will take responsibility for road damage to your car.
     
  2. gmtom1

    gmtom1 Member

    Joined:
    Apr 25, 2013
    Messages:
    686
    Location:
    Honolulu, HI
    A friend of mine filed a claim for his alignment repair & tire costs after hitting a mean pothole. After a lot of back and forth and paper pushing, he finally got a check almost 6 months later for about 1/3rd of the actual cost IIRC, and they sent him a 1099 at the end of the year too.
     
  3. nanimac

    nanimac Aloha!

    Joined:
    Nov 27, 2012
    Messages:
    1,703
    My husband filed with the City for a damaged/flat tire he got from a large pothole at Central Oahu Park that he didn't see because it was dark. They reimbursed about half the cost of a new tire and it took awhile to get a check.
     
  4. Akikiki

    Akikiki A'-Lo-HA ! y'all

    Joined:
    Nov 26, 2012
    Messages:
    1,607
    Location:
    Kaneohe
    A story on Channel 2 News this afternoon reported that a Tesla black Model S (tag HI 5) owner Donald Fehlmann filed a suit against the city because damage in March that damaged his car when he hit "the mother of all potholes" (4 1/2 feet long 3" inches deep. The suit was replaced by remediation but in each of the two cases the claim was denied. The damage was to two 21" tires and one 21" wheel. The city says its his low profile tires that are responsible for the damage (nearly $ 2,000). He meets again this week with the city in Small Claims court. Anyone know him? Give him our best and our support, please.
     
  5. spleen

    spleen Active Member

    Joined:
    Jul 7, 2012
    Messages:
    1,125
    Location:
    Honolulu, HI
    Ouch (wince)
     
  6. dsmith2189

    dsmith2189 Active Member

    Joined:
    Aug 18, 2012
    Messages:
    1,303
    Location:
    Honolulu, HI
    The city will keep dragging him from one court to another. in the end they will try to settle for some ridiculously small amount and he will have to pay his lawyers more than the $2000 he already spent to fix his tires and wheel.
     
  7. Akikiki

    Akikiki A'-Lo-HA ! y'all

    Joined:
    Nov 26, 2012
    Messages:
    1,607
    Location:
    Kaneohe
    Update 9/30: Mr. Fehlmann joined us at the National Plug-in Meet we held on Sunday 9/29. Don has he prefers to be called gave us an update on his adventure with the C&C of Honolulu regarding his tire blow out and damaged wheel. Don went to Small Claims court on Friday last week. Here he had a chance to provide prove to the judge associated with his claim and the judge agreed. Don won his claim that the city reimburse him for the two damaged tires and one wheel. This is great news for anyone that comes after and has a similar problem. Thanks for sharing the details of your problem and the outcome with us. And congratulations for your win.
     
  8. solar powered

    solar powered Member

    Joined:
    Jun 26, 2012
    Messages:
    101
    Location:
    Honolulu, HI
    Akikiki:
    The distinction that each motorist suffering wheel damage has to make is to determine whether it is a state or county road. Here is a brief summary of state-owned roadways:
    Oahu State Roads and Highways | Highways. Note that the boundary between state and county roads extend way beyond state highways and off ramps. The only sure way is to locate those blue signs that say Begin or End City and County of Honolulu Highways, which you can find using Streetview on Google Earth.
     
  9. WeazL

    WeazL Moderator - Hawaii

    Joined:
    Aug 18, 2013
    Messages:
    600
    Location:
    Oahu, Hawaii
    Out of curiosity, does anyone know if you can file a claim for ding repair due to flying rocks from roadside maintenance? Last week I drove by an area where they were weed whacking the curbside and the individual was flicking up rocks with the trimmer--one of which hit my door. Fortunately, I was able to buff out the damage. However, I have had dents on other vehicles caused by this same problem, and with an aluminum body such that the MS has, it may be prone to denting from these rocks. Is there any recourse for this?
     

Share This Page