pot hole at restraunt?

Question

I was eating at a restraunt today and when you go to pull out of their lot there is a HUGE hole. Almost ditch like. It didnt have a curve or anything to block from running directly into it. I ran into it and it done minor damage to the bottom of my car. (scratched it up really) and I had to get out. Lift my car up and back it out of the "pot hole". Will the restraunt pay for the damages?

Answer 1

I doubt they will pay willingly. Get an estimate or two so you know how much damage was done. Then send them a demand letter for payment. If they respond you may need to provide them with evidence of the damage. You may need an attorney if the amount of damage is significant.

Now for the hard part. How do you prove it happened in their lot? I assume the hole is on private property so there is no police report. Did you take a photo of the car in the hole and of the damage? You may not have much of a claim.

Answer 2

Depends on where exactly the hole is. If it is on the street (or at times, even in the parking lot) then the city may be responsible for it and not the restaurant. I suggest you find out who is responsible for the maintenance of the area that the pothole is in, and talk to that party. If it is the city, you probably won't get paid because most cities are immune from lawsuit.

Answer 3

the first answer was good up until the last aprt about cities not being willing to pay. Actually if a public agency is respobible for maintenance, they are usually very willing to pay for incidental damage like this.

If it is the restaurant, then Iam sure it is not the first time it has happened.

Answer 4

Did those damages actually cost you anything?? Or are you just angered and looking for a quick check for nothing? If you didn't lose money, time or become damaged in some tangible way, then no one's going to pay for it.

Answer 5

it is most likely the responsibility of the city, but it depends on where the pot hole is.