so we got a flat last night b/c it was dark and rainy and we drove into a pothole was really big and gave us a flat tire.
when we pulled into the first parking lot after the pothole, there was another guy already there who had just also gotten a flat. The same thing happened to him that happened to us. The pothole is huge, the area is not well lit, and with all the rain, there was no way to see it coming.
should the city pay for our new tire, since they are responsible for keeping the roads drivable? How does one go about getting the city to pay for it?
2007-01-06 02:25:01 · 13 answers · asked by Jessica 4 in Politics & Government ➔ Law & Ethics
If it were just a pothole I would say no. And if you hit an obstacle in bad lighting I would still say no. But since it was a road condition that could not be seen due to the bad lighting then the city would be liable. The problem is that if the city doesnt pay right away then you have to pursue your money through trial. Could take a while. If you win have em pay your court cost. If you lose then your out a whole lot. More than likely they will settle for the cost of the tire if you are serious about going to court but then you have to pay your lawyer out of pocket.
2007-01-06 02:59:42 · answer #1 · answered by bradnick2000 3 · 0⤊ 1⤋
If the city does not put up a sign warning drivers of holes and bumps, you might have a case. I was told, several years ago, that you wouldn't have a chance but if you kept the other guys info the 2 of you might be able to at least call attention to the problem. My sister in law beat City Hall when she tried to get a sewer in her neighborhood. It was a long struggle but she did win. If you can't afford a lawyer call the state funded law offices for the poor. Legal Aid I believe it is called. Good Luck!
2007-01-06 02:50:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
There are too many variables, including what state or country the city is in. In my state, if you could prove that city or a city employee was negligent in some way, then the city could be liable. Your belief that the metal may have fallen off a city truck is not evidence of anything.
2016-03-14 02:20:06 · answer #3 · answered by Lydia 4 · 0⤊ 0⤋
Documentation and pictures, as one answerer said. Then get an attorney and be prepared to sue your city. It will probably end up costing you far more than a tire.
2007-01-06 02:29:47 · answer #4 · answered by Anonymous · 1⤊ 0⤋
That's a good idea. One time, my tire hit a curb, and my tire blew out. I think the city should reimburse me for my negligence, because after all, if it weren't for the curb, my tire would be fine.
I also hit a patch of ice one time and slid into a telephone pole. The city is responsible for the road conditions, they must keep them drivable after all, and the pole itself damaged my vehicle, which I would not have hit if it weren't there.
Also, I drove through a crowd of pedestrians once. I sued the city for putting crosswalks in the road.
2007-01-06 02:31:54 · answer #5 · answered by askthepizzaguy 4 · 1⤊ 4⤋
You will need to document (with photos of the road and of the damaged wheel) the case and submit it to the City Commissioner's office so that restitution can be made.
2007-01-06 02:28:08 · answer #6 · answered by D N 6 · 1⤊ 1⤋
I think this is a job for the local media, especially if you have the other driver's details. I agree court action will be too costly and pointless.
2007-01-06 03:34:48 · answer #7 · answered by skip 6 · 0⤊ 0⤋
Oh, man they will stop you with so much red tape, dumb employees saying "huuuuuuh?" to you, that you will probably just start walking everywhere before they pay for it.
2007-01-06 02:31:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
the city doesn't pay for it that's normal wear and tear on a car....to anwser your question NO!
2007-01-06 02:33:36 · answer #9 · answered by Jay Dee 2 · 0⤊ 2⤋
Hahahahaha good luck with that
2007-01-06 02:28:01 · answer #10 · answered by Sarah 5 · 2⤊ 1⤋