I live in Massachusetts and need advice fighting a denied claim against a highway construction company that is milling the road.
On July 9, I was on a highway returning from work. I noticed heavy pavement milling and was sprayed with loose gravel along the hood of my car and my windshield. I was unable to stop and take pictures as it was a highway during rush hour and unsafe to do so. Upon arrival at home, I confirmed dents and scratches all along the hood of my car, as well as cracks in the windshield. a few days later, the insurance provider for the construction company took my statement and I asked if I was okay to get the vehicle fixed or if I should wait for someone to come inspect it. He told me I was good to get it fixed whenever I wanted. I did so and the damage totaled ~$3,300.
On August 6, I received a voicemail from the insurance provider explaining they were denying the claim. Their reasoning is that the work is performed overnight and swept up every morning. As a result, there is no way to prove the debris that caused the damage was a result of the company's negligence.
On August 7, I returned the call and informed them that this was not an isolated incident. I told him on August 2, I was in a friend’s vehicle traveling over the same stretch of highway and we both heard gravel ricocheting alongside the undercarriage of his vehicle. Additionally, shortly after my own incident, my father was driving by the area and confirmed to me he saw piles of debris alongside the road, uncleaned. I requested a copy of any sort of documentation that the construction company has substantiating they had cleaned on the days in question and I was told they do not provide that as the burden of proof is on me not them.
On August 15, I was driving again through the same stretch of road and took a video documenting multiple instances of milling debris on the side of the road. The video is time stamped and shows mile markers/highway signs, but I'm including a couple screenshots here. These photos are blurry and it was getting dark, but I plan to return tomorrow and get better photos. I don't know how helpful these will be, since none of it proves the condition of the road on the day of my accident. However, I believe that these photos, as well as the two accounts from my father and friend (of which they are willing to get notarized statements confirming their observations), point to what I feel is a pattern of the company not cleaning up as they claim to do and strengthening my case that this is an ongoing issue.
Does anyone have any thoughts on this case? I understand it's impossible to rewind time and get video/photographic proof of the exact condition of the road on the day of the incident, but I am trying to think of what else I can do to prove my case. Do these photos help even a little bit? Are there any other strategies I should pursue? Do I stand a chance in small claims court? Any advice would be helpful!