QUESTION
Should the city be responsible for the damages to my car?
Asked on Feb 21st, 2014 on Personal Injury - Michigan
More details to this question:
Yesterday I was leaving a gas station that I often frequent. When I pulled out of the parking lot, slowly of course since there is a slight dip in the road, the front end of my car sank and hit the pavement hard in a puddle. I pulled slowly forward trying not to scrape the car further. When I did this my back end went crashing into it as well. The apparent pothole was filled with water. My car hit hard enough for the rear quarter panels to pop out and there is significant damage to my front bumper. I went inside and informed the manager and her response was followed up with "Oh yeah that's the cities problem." I told her what happened and she shrugged it off. After that I called my insurance company and filed a claim. The road to exit the parking lot is now in horrible condition most likely due to the snow removal. It wasn't in the greatest shape to start but the pot hole was not there before! 2 witnesses stood with me and watched as pickup trucks almost bottomed out in it. Should my city be responsible for this since there were no markings or cones up? Or will it be all on me to fix the damages that my vehicle has sustained?
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the condition has existed for a reasonable time and the city knew about it I think the city is liable. But if it all happened yesterday when the snow was removed (your testimony) maybe not.
Answered on Feb 26th, 2014 at 4:48 AM
Edwin K. Niles
1. To prove negligence on the part of the City, you must show that they ha prior knowledge of the condition. 2. Be aware of a 6-month claim filing limit.
Answered on Feb 26th, 2014 at 4:47 AM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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Maybe. Make the claim, and if it is denied by the city you may have to pursue it in court, and it may make a difference which city/county is responsible. Also turn it into your insurance company and your company can pursue the claim for you once they make payment under your policy.
Answered on Feb 25th, 2014 at 4:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your insurance company should sort this out after they pay for the repairs. If you do not have that coverage, see an attorney.
Answered on Feb 24th, 2014 at 5:05 PM
James Eugene Hasser
In Alabama, if the City was on written notice of the problem and failed to fix it, warn or guard against it, it could be liable. In some cities the time to file a claim is very short. For instance, in Mobile, Alabama, the time is 6 months from the wreck. However, you may just want to file a collision claim with your insurance company and let them worry about getting their money back. Good luck.
Answered on Feb 24th, 2014 at 5:05 PM
Ronald A. Steinberg
You can try to make a claim against the City because the roadway was not suitable for vehicular travel. Of course, you will need a lawyer because they will waltz you around.
Answered on Feb 24th, 2014 at 5:05 PM