MITCHELL & STARK CONSTRUCTION CO INC Construction safety negligence causes damage. Company is lying about the facts of the incident. Naples Florida

On January 29, 2015 the truck of Mitchell & Stark Construction Co Inc, number T-42 with the plate N2682Q was entering the highway I-75 from Daniels Parkway. I was entering the highway behind it with my mother on the passenger seat. It was around 9:50 AM, the weather was clear and only light traffic on the highway. When the truck started to accelerate to enter the highway, the back of the truck started flapping and rocks started falling out of the back of the truck. These rocks started to hit my car. Some of the rocks were very small and some were about 2 inches in diameter and looked like gravel. Me and my mother got very scared. The truck driver, Manuael Botana, noticed the falling rocks and stopped. I also stopped on the side of the highway. I showed Mr. Botana the damages from rocksand asked for his insurance and driver's license. Mr. Botana was not willing to cooperate so I called the police. After about 10-15 minutes an accident response unit arrived. He asked if no one is injured and went to speak to Mr. Botana. After that he told me that someone from Mitchell & Stark is on the way, because Mr. Botana is just a driver he does not know how to handle situation. Mark, representative from Mitchell & Start arrived to the scene. He looked at the damage and ensured me that I should not worry and that their insurance will pay the damages and gave me number for Chal, head of safety department at Mitchell & Stark, in case if I have problems with their insurance. Mark explained that the truck was just meptied, but some small remains could have left inside that fell out and hit my car. I took all the insurance information, registration and driver's license of Mr. Botana. I reported the claim the same day to XL Insurance America Inc and they transferred this case to Sedgwick CMS. I also did the estimate of the repairs the same day, which came out to $1422.63 plus the 3 days of car rental.

It is now March 29, 2015 and the damages are still not paid. Apparently, Chal, the person in charge of safety department at Mitchell & Stark decided to change the facts of the accident that supposedly there was something on the road that truck ran over and debris from it hit my car. It is clearly lies, because both Mark and Mr. Botana admitted on the scene that the truck was just emptied and that's why the back door of the truck was not locked and that there could have been some left overs left inside, which started to fall out when truck was accelerating. Besides, if it was just one rock that the truck ran over, the truck driver would not even notice that. However, in my situation the truck driver immidiately stopped. How can Chal provide such stories when he was not even at the scene! Considenring that such excuses are coming from the Head of Safety Department it is not hard to imagine why their safety policies were taken so negliently. 

The total estimate of the repairs is $1422.63 and I still cannot make repairs. I spoke with a lawyer and he said that the claim must be denied before I can take Mitchell & Stark to court, however, Sedgwick CMS is still dragging a case replying on versions of the story of the incident by Chal. Obviously, for Sedgwick CMS it is much more preferrable to rely on Chal's version and deny my claim.

Chal, Mr. Botana and Mitchell & Stark in general should stop lying about the facts of the incident. Not only my car was damaged and I drive on a damaged vehicle for two months now, but the biggest rock that hit my car dented it on the passenger side. If it flew 3-4 inches higher, it would have hit passenger side of the windshield. The rock that big would have broken the windshield and hit my mother. Mitchell & Start need to learn how to maintain safety precautions and also take responsibility for their mistakes. $1422.63 plus 3 days of car rental must be paid to me in order to repair my car from the damage that Mitchell & Stark truck caused me. If this claim is not paid, I will make sure to take this to the court in order to show Mitchell & Stark that safety is important and that fair business practices are the only way to go.