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Pot hole Laws

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lahelling1

Guest
My fiance was driving home the other night, and hit a pot hole. The acccident caused $550 in damages, plus $78 for the tow truck. Is the city liable? I feel if the pot hole wasn't there, then the car would not be damaged.
 


I AM ALWAYS LIABLE

Senior Member
lahelling1 said:
My fiance was driving home the other night, and hit a pot hole. The acccident caused $550 in damages, plus $78 for the tow truck. Is the city liable? I feel if the pot hole wasn't there, then the car would not be damaged.
My response:

We'd like to assist you; however, you apparently didn't see that red writing up at the top of the page. Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

Thank you for your cooperation, and we look forward to you editing your post.

IAAL
 

racer72

Senior Member
Gather your receipts and head for your city offices. You will have to prove that the city was at fault for not repairing the pothole in a timely manner. Depending how your city government is layed out, you will file a claim either against the road maintainace dept. or the finance dept. My vehicle suffered wheel and tire damage because of a pothole that was only 16" across but was over 14" deep. It happened on a dark rainy night so the pothole was not visible. I took pictures and the measurements of the pothole and filed a claim with the city. They paid me for the replacement costs of the wheel and tire and a front end alignment. They may claim that they were not aware of the pothole (how long has it been there?, did someone report it so it could be filled?) or that they are not responsible for damage caused by potholes. Then you may have to go to court and seek payment for the damages.
 

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