anyone file a claim with local govt about pothole damage?

Discussion in 'The Garage' started by Aharami, Jan 4, 2010.

  1. Aharami

    Aharami Lifer

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    I hit a large pothole over the weekend and got a flat tire. Just found out now from the local goodyear shop that the busted tire isnt repairable. So now I have to shell out $130 for a replacement tire.

    How do I go about filing a claim with the local govt about this damage? The pothole was on an onramp going onto a mojor highway. I didnt file a police claim - just put the donut on and drove back home
     
  2. Vette73

    Vette73 Lifer

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    good luck with that.

    Most of it is not covered unless it was neglagance on there part. Being that it is winter potholes happen and you, the driver, need to be alert.
     
  3. bruceb

    bruceb Diamond Member

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    Was it a State road ? ? Or a County road ? ? Or worse, Local Township road ? ?
    Once you id which type of road (and who is responsible to maintain it) then you can
    call the DOT for that area and see about a claim.

    Note the address. The street name is important, as are any cross roads. If you can, find the number on the building closest to your pothole. Being as specific as you can will assure that the DOT targets your pothole and not another of the roadway’s pockmarks.

    Report the pothole and its location by calling the New Jersey Department of Transportation at (800) pot-hole.

    Go to the website listed below and fill in the required fields (indicated with an asterisk).

    File a damage claim. If your vehicle was damaged due to a pothole, contact the Department of Treasury Office of Risk Management (see Resources below).

    See link here: http://www.state.nj.us/treasury/riskmgt/
     
    #3 bruceb, Jan 4, 2010
    Last edited: Jan 4, 2010
  4. casiotech wants a new accord

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    once some guy ran into the wall on a highway and knocked off the light pole

    it fell like 30 ft to hit the back of my brothers hood/trunk and dented it like in one of those movies where a dead guy falls on a car after a high rooftop shootout

    the city didn't pay anything even though it was their light pole

    the guy who was DUI or w/e didn't have money or good insurance so my bro was SOL.
     
  5. CupCak3

    CupCak3 Golden Member

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    ROFL Are you really serious? Why would the city pay for anything? It's not like they knocked it over... :rolleyes:
     
  6. Yowen

    Yowen Member

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    lol, thats why I have tire insurance, its only $11... Everytime I destroy one with a pothole (I am on the third one for this car), they put a brand new one on and only charge me eleven bucks, most of my tires are still practically new because of this :). I love discount tire!
     
  7. casiotech wants a new accord

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    it doesn't matter it's their pole.

    if you're walking down the street or at a supermarket and you fall and break your leg you can sue, i don't see how trippin/slippin is in any way the cities fault but it's the same principle

    and then there's those people who die in the crowd at walmart.. someone in the crowd steppin all over your loved ones why sue walmart?
     
  8. CupCak3

    CupCak3 Golden Member

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    Thanks for perpetuating stupid.
     
  9. Yowen

    Yowen Member

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    thiefs have succesfully sued stores for tripping while robbing a place, if I remember correctly from law classes...
     
  10. CupCak3

    CupCak3 Golden Member

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    Just b/c it happens does not mean it's right or should be considered acceptable...
     
  11. waffleironhead

    waffleironhead Diamond Member

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    since they didnt pay, apparently it does matter.
     
  12. x-alki

    x-alki Golden Member

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    I did 10 years ago. Still waiting for my money.
     
  13. StageLeft

    StageLeft No Lifer

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    I presume that if you could get money back from that every city would be bankrupted. I think you're generally SOL. It would be big time open to abuse, too. Bad struts on your car say it was a pot hole and they were fine before.
     
  14. Aharami

    Aharami Lifer

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    haha. i'll file a claim for shits and giggles, although I dont expect any money back.
    learned my lesson, got tire insurance with the replacement tire
     
  15. Aharami

    Aharami Lifer

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    thanks for the detailed info. Not sure which level of govt is responsible. It was on an on-ramp to a state highway - 287. Not sure if the onramp falls under state control or local municipality control
     
  16. casiotech wants a new accord

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    nope, we didn't get a lawyer, a lawyer said he would have gotten us $$$ but we didn't go through with it. We knew a few people in body shops who fixed it for a few hundred bucks.
     
  17. Zenmervolt

    Zenmervolt Supermoderator<br>The Garage<br>Elite member

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    Of course there will be a lawyer who would say that. Believe it or not, there is a subset of lawyers who don't care if you actually win the case as long as you pay them and who will willfully misrepresent your ability to win in an effort to get you to pay for the lawyer to represent you.

    The bottom line is that the pole falling was the direct result of the act of the impaired driver and was not in any way due to negligence on the part of the city. The city would only be liable for damages if the pole fell as a result of their negligence, and the facts in this case are that it did not.

    Your example of slipping in a supermarket or tripping on a sidewalk is poorly thought out and overly simplistic. In both cases, negligence is still required for the plaintiff to prevail in the suit. If a person slips in a supermarket on a dry and clean floor that is properly maintained, then there is no basis for the suit and it would be dismissed. The sidewalk parallel is that if the sidewalk is in good condition and properly maintained by the city there is likewise no basis for a successful suit. In both cases, the plaintiff would have to prove negligence on the part of the supermarket or city. In the case of the supermarket, negligence might include failing to put up a "wet floor" sign or failure to clean up a product spill, in the case of the sidewalk negligence would be something like a persistent failure to repair a know significant crack. Regardless, the mere act of slipping or tripping is not sufficient for a viable suit; in order for the suit to be viable, there must be proof of negligence on the part of the defendant.

    In the case you describe of the light pole, there was no negligence on the city's part and, while you could still have filed a suit, the suit would not be viable and you would not win. The lawyer in question simply wanted to take your money and was willing to lie to you about your ability to win the suit in an effort to convince you to pay his (or her) fee.

    ZV
     
  18. marvdmartian

    marvdmartian Diamond Member

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    Pretty much like everyone else has said, good luck. Unless you can prove some sort of negligence on the part of whichever government entity owns that piece of road, you're SOL. :thumbsdown:

    Years ago, while going across a railroad crossing, something (I'm guessing a rail spike, but could've been anything) slashed the sidewall of my tire, causing it to instantly become flat and unrepairable. I called the city, they said it was the railroad's problem. Guess what the railroad company said when I called them?? Neither one would admit any responsibility, and I was out $100 for a new tire.