driveway who's at fault?

[afalco]

I live in NY state. I was working and had to do an intake at housing for disabled persons. It is owned by a agency but looked like residential housing. Okay here is my story after some back information. I was pulling into a driveway from a main road and as soon as i pulled in i herd my car scrape so i backed out and pulled into another driveway. I got out of my car and noticed my bumper was all messed up. I went into the house and told a staff member. She stated that they have been trying to get the city to fix it. well I don't know the laws in the city of Syracuse but the side walk was fine it was the driveway between the sidewalk and the main road that screwed up my bumper. With them knowing about the needed repair to their driveway should I be held responsible and use my insurance?

 

[LdiJ]

I live in NY state. I was working and had to do an intake at housing for disabled persons. It is owned by a agency but looked like residential housing. Okay here is my story after some back information. I was pulling into a driveway from a main road and as soon as i pulled in i herd my car scrape so i backed out and pulled into another driveway. I got out of my car and noticed my bumper was all messed up. I went into the house and told a staff member. She stated that they have been trying to get the city to fix it. well I don't know the laws in the city of Syracuse but the side walk was fine it was the driveway between the sidewalk and the main road that screwed up my bumper. With them knowing about the needed repair to their driveway should I be held responsible and use my insurance?

You should use your insurance and let them duke it out with the property owner with the bad driveway.

 

[adjusterjack]

should I be held responsible and use my insurance?

Yes.

I can't imagine you not being able to see a defective sidewalk as you approached unless you were going too fast or not paying attention.

You can bet that neither the property owner nor the city are going to pay to fix your car.

 

[justalayman]

What are you claiming is defective? The main reason a bumper would scrape upon entry to a drive is a radical angle as you leave the roadway. This is something quite obvious and is generally not controlled by the municipality.

In other words; if you drive a lifted 4x4 truck, you don't have to worry about such issues. If you drive s ferrari with very little ground clearance, it is up to you, the driver, to know the limits of your vehicle and to avoid situations your car doesn't handle well.

 

[TimStudiesLaw]

In the city I work for, the drive approach is a permitted access point across the city's right of way. It is there solely for the benefit of the property owner, and therefore the property owner's responsibility to maintain.