my friend hit a pothole and his car spunout and now the car is totaled can he sue the city for this.
2007-03-11 11:05:54 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Probably not.
2007-03-11 11:09:01 · answer #1 · answered by HULK RULES!! 7 · 0⤊ 0⤋
Anyone can sue anyone for anything these days. The real question is, would he prevail if he did, and the answer is probably not.
The city didn't put the pothole there, and there is a presumption that a reasonably cautious driver would have seen the problem and avoided it. There is also a presumption that if he hit it and spun out, totaling his vehicle that he was probably driving way too fast for conditions, and he might wind up with a citation.
If he has collision coverage, his insurance will cover it, it not he has a loss.
2007-03-11 18:14:57 · answer #2 · answered by oklatom 7 · 1⤊ 0⤋
It is rather uncommon for the city to have a pot hole that can cause this kind of damage without any kind of signage or repairs.
If your friend was speeding or driving recklessly I can already tell you the answer is no.
If everything he was doing was perfectly legal... well I'm not sure. At least go take some pictures of the pothole with a ruler next to it to show size and depth. That's the first place to start if you want to make someone responsible for it.
2007-03-11 18:12:21 · answer #3 · answered by Banana Slug 3 · 0⤊ 0⤋
Probably...in the Cleveland area you're supposed to be able to report potholes, if I remember right.
One time my dad hit a pothole and we wound up with a flat tire in a bad part of Detroit--at night!
2007-03-11 21:27:22 · answer #4 · answered by ? 6 · 0⤊ 1⤋
No. It's a road hazard and one that should have been seen. And the city will probably have municpal immunity, meaning it doesn't have to pay.
2007-03-11 18:38:09 · answer #5 · answered by Chris 5 · 0⤊ 0⤋
Nice try...but NO.
2007-03-11 21:58:40 · answer #6 · answered by Anonymous · 0⤊ 0⤋