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
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