Wednesday, November 9, 2011

‘Spotting’ issue still sticky

State office passes the buck on claims

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By TERRY SMITH
Express Staff Writer

"Don't call us" seems to be the message coming from the Idaho Department of Insurance regarding motorist claims for "tar-spotting" on their vehicles that occurred last month during road construction on state Highway 75 between Ketchum and Hailey.

In an email sent Friday to the Idaho Mountain Express, Gina McBride, consumer services bureau chief for the state insurance agency, stated that the department is not the proper entity to contact if motorists don't agree with denial of claims from the construction contractor.

"I would encourage motorists who have issues to file a tort claim through the Idaho Secretary of State's Office," McBride stated.

She wrote that the state insurance office started receiving calls after a story was published in Friday's edition of the Express regarding the tar spotting and where to take claims. The suggestion of contacting the state insurance agency was made by representatives of the Idaho Transportation Department at a meeting last week of the Blaine County Regional Transportation Committee where motorists complained about highway contractor Knife River Corp.'s denying claims for removing the spots.

McBride explained in her email that the Department of Insurance does not have "regulatory authority to overturn an insurer's liability decision" unless the insurer has violated state law. Apparently no law was violated.

The number of vehicles spotted with a tar-like substance during a heavy rainstorm on the highway on Oct. 4 is unknown, but estimates range in the several hundreds.

Knife River has denied the claims, stating that the spotting was caused by rainwater mixing with residues from an earlier highway surface that were exposed after Knife River milled away the highway surface in preparation for laying new asphalt.

Having the spots removed commercially is costing motorists between $150 and $250.

Meanwhile, Tarminator, a commercially available solvent that is being given away free as a "goodwill gesture" by ITD, is apparently a hot commodity at the Blaine County Operations Office. ITD representatives said last week that Tarminator is a safe and effective way to remove the crud.

Char Nelson, director of county operations, said Tuesday that the two cases of Tarminator provided last week by ITD were gone by Monday afternoon.

"I wanted the public to know that ITD is sending us 200 more cans of the solvent," said Nelson, who said she was expecting delivery Tuesday afternoon.

Free Tarminator, along with insurance forms for a Knife River claim or tort claims for the state of Idaho, are available at the operations center on the second floor of the old Blaine County Courthouse.

Terry Smith: tsmith@mtexpress.com

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