Driveway Woes

[KDENISE977]

So I have about a 1/2 mile paved driveway that has 2 others sharing it, deeming it a common drive. We are the very last house at the bottom of the driveway. This past winter a GIANT plow truck got lost (I'm still not sure how that one happened) and ended up all the way down our driveway, very curvy and pretty steep hill. It was dark and snowy and he got STUCK about 1/3 of the way up the driveway. Did a whole mess of damage to the driveway as well as the grass. He had to leave his plow truck in our driveway and come back the next day with a tractor to pull him out, doing more damage. This plow truck was contracted by Charles County. We've been going round and round with Charles County Gov't as well as the Contractor and no one wants to take responsibilty I took lots of pictures, sent them to the Charles County, numerous phone calls and email and NO one seems to know who is responsible...not even the HOA because they're not clear if it's an actual road (because it has a street sign) or a private drive?? this has been going on since the end of January. Anyone know who is responsible to fix it? :shrug:

thanks !!

 

[glhs837]

Do you have an elected rep for your area in county govt? Seems like a good place to start. One of the people shown here.
http://www.charlescountymd.gov/commissioners/welcome

 

[KDENISE977]

Do you have an elected rep for your area in county govt? Seems like a good place to start. One of the people shown here.
http://www.charlescountymd.gov/commissioners/welcome

Thanks, that's not a bad idea.

 

[GWguy]

Tell them you're tired of getting jerked around and that you've contacted a lawyer. Threat of litigation usually gets them moving.

 

[KDENISE977]

Tell them you're tired of getting jerked around and that you've contacted a lawyer. Threat of litigation usually gets them moving.

Yeah, we tried that, we actually had the HOA attorney get involved and the county is still now denying any help. I got a call from the Charles County Gov. Ins. trust and they said the liability is on the contractor to fix the damage. It may come down to us actually hiring an attorney out of pocket, I'd hate for that to happen. We have been told the statute of limitations as far as liability is concerned is 3 years, so we have a little time. But the driveway is getting worse since the damage, trash trucks aren't helping the matter.

 

[ICit]

its acually the plow that is repsonsible .. as they are the ones who had no business going down that drive way.

 

[Chris0nllyn]

Do you have an elected rep for your area in county govt? Seems like a good place to start. One of the people shown here.
http://www.charlescountymd.gov/commissioners/welcome

Thanks, that's not a bad idea.

Good luck with that.

I know someone that never received 18 years of SS payments and no elected official was any help. The SS Administration doesn't know where tens of thousands of dollars went, and they wanted $600 of overpayments.

We contacted the SSA directly, and even went through good ole' Steny to no avail.

If Social Security payments are that big of a snafu, I can't imagine what it'll be like in your situation. I hope it works out and I wish you the best though. Maybe even getting a lawyer to write up a letter of intent will be enough?

 

[KDENISE977]

its acually the plow that is repsonsible .. as they are the ones who had no business going down that drive way.

Yes, I agree... the plowtruck driver is even denying he came down the driveway at ALL now Dude, I have pictures of them pulling that truck out of a giant mud hole and doing wheelies in my driveway with the tractor. Yup, you weren't there.

 

[dave1959]

Stop messing around and hire a scumbag lawyer. I'm sure one or two letters from him would get the ball rolling. The truck driver would also pay legal fees so shouldn't cost you a thing but some time.

 

[MMDad]

If it's on your property, contact your homeowners insurance. Let them go after the plow driver.

 

[KDENISE977]

If it's on your property, contact your homeowners insurance. Let them go after the plow driver.

I don't know if the road/driveway is on OUR property since our property line ends at the transformer which is about 50 feet up the driveway if that. The damage is on the driveway or road whichever they deem it to be that is shared by 2 other properties.

 

[nutz]

I don't know if the road/driveway is on OUR property since our property line ends at the transformer which is about 50 feet up the driveway if that. The damage is on the driveway or road whichever they deem it to be that is shared by 2 other properties.

Don't you think that would be an important place to start? First step is finding out whose road (driveway) it is. Odds are, it is a private drive shared by the adjoining landowners. These landowners would then be jointly liable for any and all repairs to their road and it would fall on them to reclaim any damages. I'm sure the Charles County roads office will tell you if that road (driveway) is on their list. Your deed should also show the right of way and ownership.

301-932-3450
7:30 a.m.-4:00 p.m. M-F

http://www.charlescountymd.gov/pw/roads/roads

 

[Chasey_Lane]

Tell them you're tired of getting jerked around and that you've contacted a lawyer. Threat of litigation usually gets them moving.

Um, yeah. That's when I'd laugh.

 

[ICit]

Don't you think that would be an important place to start? First step is finding out whose road (driveway) it is. Odds are, it is a private drive shared by the adjoining landowners. These landowners would then be jointly liable for any and all repairs to their road and it would fall on them to reclaim any damages. I'm sure the Charles County roads office will tell you if that road (driveway) is on their list. Your deed should also show the right of way and ownership.

301-932-3450
7:30 a.m.-4:00 p.m. M-F

http://www.charlescountymd.gov/pw/roads/roads

thats fine and all... but the plow driver SHOULD NOT HAVE been back there.

 

[abcxyz]

Small claims court ($5K limit IIRC). File the $35 fee or whatever it is now, name the plow company that did the damage and the judge will either find them liable or not. If liable, collect money. If not, the judge most likely will say who is (county that hired them since nobody else involved is left IMHO) and then use the judges ruling to file a small claim against them. Judge most likely won't go against themselves or another judge so let them do the dirty work for you.

I think you need 5-7 copies of every thing to include your pictures with date/time stamps, who you have contacted when, what they've said back (all in writing with certified signed for) and estimates for repairs. If not much more than $5K, I'd take the $5K in small claims and be done with it as a lawyer would eat up way more than that if you had to go that route (you won't get lawyers fees back...).

I've done this dozens of times and people get moving when court dates are involved.

 

[KDENISE977]

Small claims court ($5K limit IIRC). File the $35 fee or whatever it is now, name the plow company that did the damage and the judge will either find them liable or not. If liable, collect money. If not, the judge most likely will say who is (county that hired them since nobody else involved is left IMHO) and then use the judges ruling to file a small claim against them. Judge most likely won't go against themselves or another judge so let them do the dirty work for you.

I think you need 5-7 copies of every thing to include your pictures with date/time stamps, who you have contacted when, what they've said back (all in writing with certified signed for) and estimates for repairs. If not much more than $5K, I'd take the $5K in small claims and be done with it as a lawyer would eat up way more than that if you had to go that route (you won't get lawyers fees back...).

I've done this dozens of times and people get moving when court dates are involved.

This is far from a small claim... the one estimate was around $30K in damages.

 

[glhs837]

5K limit aint gonna work. Hell, I had a $2300 quote just to get 4 inches of CR6 put on my driveway and packed down.

 

[KDENISE977]

Don't you think that would be an important place to start? First step is finding out whose road (driveway) it is. Odds are, it is a private drive shared by the adjoining landowners. These landowners would then be jointly liable for any and all repairs to their road and it would fall on them to reclaim any damages. I'm sure the Charles County roads office will tell you if that road (driveway) is on their list. Your deed should also show the right of way and ownership.

301-932-3450
7:30 a.m.-4:00 p.m. M-F

http://www.charlescountymd.gov/pw/roads/roads

We did check the deed and the HOA attorney and he said the deed was "unclear".

 

[kwillia]

Small claims court ($5K limit IIRC). File the $35 fee or whatever it is now, name the plow company that did the damage and the judge will either find them liable or not. If liable, collect money. If not, the judge most likely will say who is (county that hired them since nobody else involved is left IMHO) and then use the judges ruling to file a small claim against them. Judge most likely won't go against themselves or another judge so let them do the dirty work for you.

I think you need 5-7 copies of every thing to include your pictures with date/time stamps, who you have contacted when, what they've said back (all in writing with certified signed for) and estimates for repairs. If not much more than $5K, I'd take the $5K in small claims and be done with it as a lawyer would eat up way more than that if you had to go that route (you won't get lawyers fees back...).

I've done this dozens of times and people get moving when court dates are involved.

I don't see the county ever being held responsible because independents subcontracted are required to carry their own insurance.

I agree that actual property rights should be established because I wonder how one can stake claim to damage of property that they don't own... think about it... if it was in reverse and a tree from this same property fell over on a passing car... I don't see someone who doesn't outright own the property stepping up to pay damages. If a homeowners insurance doesn't cover the shared roadway than is there ownership...:shrug:

 

[abcxyz]

This is far from a small claim... the one estimate was around $30K in damages.

Ouch! I would have contacted a lawyer and had them meet me at my house. When they would have called to say they were stuck because a plow was blocking them I would have said yep, that is what you are here about.

Good luck, too much money for someone to pay without being forced to IMHO.