Legal Question in Personal Injury in Florida

My daughter hit a cone which was in her driving lane while driving (construction project on I-75). The damage/repair estimate is $740. She got a police report, etc. I initially filed a claim with FDOT who referred me to the contractor. After about a month, below is the response from the contractor. Is it true that they are not responsible and that the driver who initially hit the cone into the road is? I do have legal insurance so if you think I can pursue this and win by using an attorney I will. I really don't think I should or want to go through my insurance and my deductible is only $250 which means that that is all the contractor will pay me. Your legal opinion would be appreciated.
"When cones are placed in a construction zone, they are placed per Florida Department of Transportation standards. The placements are also continuously monitored during operations by FDOT engineers, FDOT consultants, and company personnel. However, cones are occasionally hit by inattentive motorists and sometimes knocked into open lanes. The negligence, therefore, is that of the driver who has done this, not the contractor who legally placed them. If that driver can be identified, then any claim should be directed towards them. Otherwise, the claim should be turned into your own insurance carrier.

As an act of good faith, however, we would be willing to cover your insurance deductible, up to an amount of $500.00. If that is acceptable, I will need a copy the insurance DECLARATIONS page noting the deductible amount. If your deductible is greater than $500, the $500 offer will remain valid."

Asked on 10/21/11, 12:43 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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In my judgment they are correct and you should take the money oferred.

Answered on 10/23/11, 3:50 pm

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