• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Michigan pothole damage

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

8

84bucks

Guest
I've wrecked three aluminum wheels in five months on Oakland county, MI roads. The first was on a snowy, unsalted road. Two were from potholes. When I hit the first pothole, I sent a letter and estimates for a wheel and alignment to Oakland County Road Commission. The claim was denied, stating that "upon notice of this particular problem (the pothole), it was attended to promptly." They "regret the damages" and were "not negligent in any manner."
The denial letter also quoted a statute which says "No governmental agency is liable for injuries or damage caused by defective highways unless the governmental agency know of the existence of the defect and had a resonable time to repair the defect before the incident took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of thirty days or longer before the incident took place."
Does this mean I need to photograph every pothole I drive by in case I hit it 30 days later? How can I prove these potholes existed? Even if I do that, they may not reimburse me because (from the letter) "road surface breakup is a common occurrence in Michigan."
Factory wheels are $400 each, and at the rate I've been wrecking them, a hovercraft would be a cheaper commuting vehicle.
Should I go to small claims? What do I need as proof of poor road maintenance? Can I even sue the government?

Jason
 


D

dankk

Guest
You can always sue the govenment, but they have a very short period in which to sue most are like 90 days from the time of the accident, so by the time most people think about this option the statue of limitations has passed.

Yes he is right if they were notified of the pothole and didnt fix it say with a few days of it being reported THEN you could sue for negligence.

It is a public record about pothole complaints, so you need to go to city hall and find out if anyone reported it before you had your accident.

And it is YOUR PERSONAL CHOICE to get expensive wheels.... chances are the government would only pay for STOCK cheap wheels anyway.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top