Drivers, with cars allegedly damaged by road construction project, frustrated over claims process

The Parker Road Improvement Project has caused more than just travel headaches for hundreds of drivers in Plano.

Tia Guest said navigating the system to reimburse drivers for damage done to their cars on Parker has been anything but smooth.

“Oh, it's been a nightmare,” she said.

She said she was driving on Parker Road on Christmas Eve when she hit a large gap in the construction zone. The impact left a large gash in her tire and required re-alignment work.

She later learned of the claims process and filed her claim in February. Drivers who have suffered damage from the project can file a claim with the city’s risk management department. Corvel investigates the Cases, and if they are deemed valid, they are sent to the contractor.

NBC 5 has found contractors, in this case, Quality Excavation, can offer to settle cases out of pocket however they see fit. The city does not have the ability to direct a private entity on how to respond to a claim, explained the city’s risk management manager, Lilian Hall.

Hall said the city cannot force contractors to pay claims submitted, and when and how much. However, the city does expect contractors to "acknowledge notice of each claim" and respond promptly and fairly, she said.

Guest said that’s not what happened in her case.

“The total amount of my claim was $643.99,” she said. “And they offer me $310.”

When asked what went into the contractor’s offer, Guest said she never received a clear answer. Still, she admitted she accepted the offer and waited for the check for months.

Both sides are at odds over what happened next. The check was seemingly lost in the mail and replaced and deposited despite a ‘stop payment’ being issued.

“At this point, I’m holding the check because I’ve asked them to re-evaluate the claim or support how they calculated the claim and no response.”

The contractor, Quality Excavation, spoke with NBC 5 on two occasions. On Thursday, the company’s president, Richard Buckner, Sr., sent NBC 5 the following statement:

“As we discussed, Quality Excavation is dedicated to thoroughly investigating and resolving all claims related to our work on Parker Road in Plano. We are committed to addressing all valid claims as we become aware of them. We will continue to promptly reach out to residents who have submitted claims and diligently review each one. Once we receive the necessary receipts and documents, we will honor our responsibility and work towards a fair resolution with each claimant. We have been fully transparent with the City regarding these claims and will keep them informed while maintaining open lines of communication. Our goal is to resolve all outstanding claims in a timely manner, and we anticipate completing this process by October 15th, 2024, barring any claims that have been referred to our Insurance Company. This timeline depends on receiving the required documentation promptly and the claimant’s cooperation in resolving the issue. Thank you for your patience and understanding.”

It is also important to note that it is not unusual for cities and contractors to be faced with fraudulent claims or claims with inflated damages. Because of potential liability issues, the city treats claims of damage differently.

“If it was a city crew doing the work and the city crew was responsible for a pothole that’s one thing. Our risk management department would investigate that and we would process that through the city,” said city spokesman Steve Stoler. “These are private contractors as a result of them being a private entity there’s nothing the city can do to force them to pay a claim.”

Stoler said 220 claims have been filed over damage allegedly caused by the multi-layered Parker project, which included replacing a water line and concrete.

“Of those [220] claims, 10 of them were with the claimants who were unhappy with the results and I understand five of those 10 actually went to the insurance company that represents the contractors,” said Stoler.

Legitimate claimants can agree to a payout from the contractor or seek out the company’s insurance provider, NBC 5 has learned.

Residents have the right to file open records requests for the certificate of insurance (COI), on file for each contractor with the City of Plano, to confirm coverage,” wrote Hall in an email. “All contractors are required to provide proof of coverage.  The contact information for the contractor’s carrier is listed on the COI.”

That’s exactly what Jeff Neary, featured in a previous story, did.

After filing an open records request with the city seeking Quality Excavation’s insurance provider, Neary said he reached a representative in New York.

A few days later, a $5,800 check for damages to his wife’s car cleared the bank.

Guest, meanwhile, may be left waiting to see whether the company agrees to reconsider their previous agreement.

“I was happy to get something because I would not have had this financial burden at all, if not for their dangerous shoddy work on Parker Road,” she said. “My ideal outcome would be to get the $643.99 of the total of my claim which, was the one tire and the alignment, but I would still be grateful for the $384 which was the cost of the tire.”