Roadwork damage your car? In some cases, cost may be covered

June 9, 2019 at 10:04PM
St. Paul street workers smoothed asphalt over a pothole on Shepard Road. In some cases, Minnesota motorists can be reimbursed for repairs if their car is damaged while they are driving through a work zone.
St. Paul street workers smoothed asphalt over a pothole on Shepard Road. In some cases, Minnesota motorists can be reimbursed for repairs if their car is damaged while they are driving through a work zone. (Star Tribune/The Minnesota Star Tribune)

Motorists whose vehicles are damaged while traveling through construction zones may be reimbursed for repairs if the contractor doing the work is found responsible.

That's what Drive reader Mike Reeves learned firsthand after concrete-curing compound blew onto his silver BMW as he drove north on Interstate 35 in Forest Lake last month.

Reeves, of Lake Elmo, contacted the Minnesota Department of Transportation (MnDOT) to report the incident, as drivers should do if they have a similar misfortune. Motorists can then file a claim with the agency, which passes it on to the contractor working on the project, said MnDOT spokeswoman Denise Workcuff.

In Reeves' case, that is Shafer Contracting, which is carrying out the $50 million pavement repair and bridge replacement project from the I-35W/I-35E split to north of Hwy. 8. Company spokesman Jason Zins said Reeves can get his car professionally detailed and file a claim through Shafer's insurance.

Details matter for motorists seeking compensation for construction-related problems. They must document when and where the damage occurred, including time of day and direction of travel, and give a full explanation of what happened. That is important because sometimes there are multiple contractors on a job, and "precise information helps pinpoint what happened," Zins said.

It also narrows it down to who, if anybody, is responsible for the damage.

On May 30, crews were applying a substance called TK-White. It was sunny but extremely windy at 11 a.m. when Reeves passed through the construction zone with divided traffic lanes. One lane for through traffic split to the left. Another lane for motorists getting on and off the freeway went to the right of concrete barriers protecting fresh pavement that had been put down between the lanes.

Crews were using a machine to put down the TK-White compound on the new concrete. The machine had a wind screen to prevent overspray, but with gusty winds Zins said it is possible that some material escaped and hit passing vehicles.

Reeves, a frequent I-35 driver, said spots fell on his windshield as he drove through the area and he thought for a moment it had started raining. He turned on his wipers, but the spots remained and his windshield didn't smear, he said.

When he stopped for gas a few hours later, he also noticed "fine milky white" splotches on his fender, mirrors, the passenger side fender and hood, and he was unable to wash or scrape them off. Then he remembered the crew spraying the liquid.

About five other motorists reported having the same issue Reeves did, Zins said.

Such cases are a "rare occurrence," Zins said. He added that crews are taking more precautions by putting additional protective fabric screens on machines.

Zins said soap and water would have removed the compound, but only if it had been applied before the compound dried. Mineral spirits could also have been used to remove the residue, he said. In past cases where those remedies failed, Zins said contractors have sent claimants to detail shops to have it removed.

Reeves said he's appreciative that Zins was "customer-focused and responsive" and that he won't be paying out of pocket.

"It's just inconvenient to have the car out of commission," Reeves said.

Follow news about traffic and commuting at The Drive on startribune.com. Got traffic or transportation questions, or story ideas? E-mail drive@startribune.com, tweet @stribdrive or call Tim Harlow at 612-673-7768.

A MnDOT camera shows motorists making their way through the construction zone on I-35 near Forest Lake, Minn.
A MnDOT camera shows motorists making their way through the construction zone on I-35 near Forest Lake, Minn. (The Minnesota Star Tribune)
about the writer

about the writer

Tim Harlow

Reporter

Tim Harlow covers traffic and transportation issues in the Minneapolis-St. Paul area, and likes to get out of the office, even during rush hour. He also covers the suburbs in northern Hennepin and all of Anoka counties, plus breaking news and weather.

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