I found out who the City of Toronto hired as the contractor, made contact with the site manager and e-mailed him the photos of the damage and repair bill as well as additional estimate required, along with the details of the occurence - raised manhole cover during resurfacing, no way to avoid running over it. Their claims department sent me a form letter denying my claim. The total damage to the exhaust system is in the neighborhood of $ 500. How do I go about having them pay for it, or do I have to pursue the City of Toronto as well? Small claims court, or do I first suggest to them I am willing to go to court?
Thx for any insight/comments
2007-10-24 00:29:18 · 6 answers · asked by tulowd@rogers.com 1 in Cars & Transportation ➔ Maintenance & Repairs
Sue city hall. I think your time would be better spent asking your insurance company for collision repair and visiting a muffler shop. Toronto will say it's the contractor the contractor will say it is not there man hole. and you will spend months and be right where you are. There pockets are deeper and city attorney can keep this small claim in court for years. Just move on and forget about it unless you can find an attorney who will take the case Pro-Bono. Good luck with that!
2007-10-24 00:38:04 · answer #1 · answered by John Paul 7 · 0⤊ 0⤋
If you are going to sue, you should sue everyone who could have responsibility for the raised manhole, both the City and the contractor. By casting a larger net you ensure that you won't end up suing the wrong party, and in the end both parties sued might just pitch in to buy you off.
Having said that, I suggest that you find out quickly how to proceed against the city. Experience tells me that the City is slippery when it comes to being sued, so send a registered letter ASAP.
Usually you need proof that you've tried to settle things before being allowed to sue, so keep a copy of the correspondence with the contractor and the city for when you go to register your case.
Send a notification to both parties indicating that further action will be inititated if no settlement can be reached, and give them a week to respond.
2007-10-24 07:45:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The contractor should have insurance to cover no matter what. Get a lawyer and take them to court.
2007-10-24 09:30:10 · answer #3 · answered by ♥Kempa♥ 4 · 0⤊ 0⤋
You could go to small claims court. Judge Judy even (not a joke) but something similar happened to me and my insurance company told me that since I had full coverage they would take care of it. My rates didn't even go up so I had them take care of it and went on with life....no Judge Judy.
2007-10-24 07:33:08 · answer #4 · answered by Indya M 5 · 0⤊ 0⤋
go to small claims court.
2007-10-24 07:38:09 · answer #5 · answered by good_fatrabbit 3 · 0⤊ 0⤋
You can try.
But you will lose this one. Sorry.
2007-10-24 07:31:25 · answer #6 · answered by Anonymous · 0⤊ 1⤋