DOT not releasing car damage claims

By Tony Bartelme - The Post and Courier

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CHARLESTON -- For the past year, asphalt on Interstate 26 and the Mark Clark Expressway has come apart, sending hailstorms of rocks into motorists' windshields and fenders.

The state Department of Transportation is telling motorists with vehicle damage to file claims with the agency. So, how many claims have been filed?

Transportation officials refuse to say, arguing that such information is confidential legal information.

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They said the agency is taking damage claims at the request of their attorneys and that because of this, the number of claims and the cost to taxpayers doesn't have to be released under the state's open records laws.

But Bill Rogers, executive director of the S.C. Press Association, said that information should be public.

"The money and number of claims has nothing to do with attorney-client privilege," Rogers said. "How do we know it's not the department's employees filing the claims? It all needs to be open."

The rock damage issue stems from the use of what's known as "open graded friction" asphalt on parts of I-26. This particular asphalt mix is more permeable and quieter to drive on than some other surface types. It's also designed to reduce splattering and spray in wet weather.

Both the Mark Clark and I-26 will be resurfaced when the weather gets warm enough, said Tim Henderson, construction engineer with the Transportation Department.

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