Need advice against the city!

What is the name of your state (only U.S. law)? Ca
I was about to pick up my kid to school, some car passed by hit the reflector from the street just flew and cause a deep cut on my door, which the reflector should be attached securely on the road, specially by elementary school, I filed a complaint to the city, but the city denied my claim, stating
"Section 128.7 and 1038 California Code, can please somebody explain why my claim denied, isn't it that's their responsibility to maintain the road safely, specially around school...Thanks

The city didn't hit your car.

ecmst12 said:

The city didn't hit your car.

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the city didn't but their road reflector did hit my car, which isn't supposed to be flying everywhere....luckily nobody got hurt...

Call your insurance company.

How long was the reflector loose? How long did the city know about it? You don't know? How do you know they knew? Is it reasonable that they check every reflector, every day on every street?

CourtClerk said:

Call your insurance company.

How long was the reflector loose? How long did the city know about it? You don't know? How do you know they knew? Is it reasonable that they check every reflector, every day on every street?

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I don't think the city knew that the reflector has been loose, I just notified them the time of the incident, that my car got hit, and yes it is reasonable that they check every reflector on every street, specially that street is by the school, they are lucky nobody got hurt, and I'm for sure this is a big lawsuit against the city..

ludex99 said:

I don't think the city knew that the reflector has been loose, I just notified them the time of the incident, that my car got hit, and yes it is reasonable that they check every reflector on every street, specially that street is by the school, they are lucky nobody got hurt, and I'm for sure this is a big lawsuit against the city..

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Really for sure okay

You would be wrong. No lawsuit. The city can't be expected to anticipate the failure of every street reflector in town. You experienced a freak accident. That is exactly what comprehensive coverage on your insurance is for. You can't sue the city, they weren't negligent and they have governmental immunity.

Antigone*of*Greece said:

Really for sure okay

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uhuh! uhuh! damn right!

You are still wrong. But feel free to waste your time and money. Post back with your case number so we can follow along.

You actually have a possible case against the other driver.

You did get the license plate number, right?

cyjeff said:

You actually have a possible case against the other driver.

You did get the license plate number, right?

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yes I did! I got all his information!

I think this was a reflector set into the surface of the street. The car wasn't at fault for kicking it up any more then the city was. He probably didn't even know anything happened.

this is, in it's simplest terms, one of those:

sh!t happens

if you have insurance that covers sh!t happens events, you're good to go. If not, it's out of your pocket. City nor other driver is liable.

I have gotten several chips in my windshield caused by another car picking up a rock on their tire and then said rock being flung into my windshield. I have something called other can collision coverage on my car. (In the olden days known as comp collision). These claims were covered by my comp as my car was hit by a "flying missle." I agree that you don't have a case here either against the city and probably not against the other driver.

Your best option is to contact your own insurance company and also call the other driver's insurance. If you have chosen to carry liability only than you are out of luck with your company. I believe that you may not have much luck with the other driver's insurance as they are probably not going to view this as a collision claim and are going to take the stance that their insured was not negligent in casing the damage to happen.