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November 19, 2008
Pot Hole Damage
I recently did $2.5K damage to my car.
I was driving at night, when out of nowhere I dipped into shallow hole the city was digging. It wasn’t deep, but there was a man hole cover that my car collected as ot bounced and the rest is history.
As I pulled over to inspect the damage, I saw a ton of car plastic (not mine) that leads me to believe that I wasn’t the first one to hit the man hole cover.
There was no construction signs, and I have photos.
Has anyone heard of someone trying to get the city to pay for damages in this situation?
Thx
Comments
You can try, but I don't think you'll be successful. A mechanic--after my partner did $2800 worth of damage by driving into a crater on the BQE...1 tire on the spot, one tire a week later, then the real fun began. My mechanic told me that poor roads is the real source of mucho car damage. Unfortunately, unless your car ends up in the hole (and on the news like that car when the steam pipe blew near Grand Central Station, it's really your word against theirs. Good luck. You KNOW I feel your pain!
Posted by: Minmin at November 19, 2008 6:15 PM
A lawyer buddy of mine once told me that the issue is that if the city knows about the pot hole and failed to fix it then you might have a case. If no one reported it, then they're not liable.
Suggest you report it to 311 and see. At least the next person might benefit from your kindness. Good luck!
Posted by: Johnny at November 19, 2008 6:31 PM
you also have to act quickly and file a notice of claim w/in 90 days.
Posted by: slick at November 19, 2008 9:31 PM
Try these two links:
http://www.comptroller.nyc.gov/bureaus/cac/faq.shtm#three
http://www.comptroller.nyc.gov/bureaus/bla/auto_damage_claim.pdf
From the first link: My car hit a pothole. What agency do I notify to get the street repaired? The City Department of Transportation (DOT) is responsible for correcting all roadway and street deficiencies, such as potholes. To report such problems, contact Diane Poland, DOT Director of Litigation Support, at the agency's headquarters, at 40 Worth Street, 9th Floor, New York, NY 10013, or call (212) or (718) CALL-DOT / 225-5368. To file a claim for damages to your vehicle, download the Automobile Property Damage Claim Form and fact sheets.
DOT is also the place to report a traffic light that isn't functioning properly. If you are aware of such a problem, call the agency's 24-hour hotline at (212) or (718) CALL-DOT / 225-5368.
Posted by: vinca at November 19, 2008 10:06 PM
I had a similiar experience about 2 weeks ago. I filed a claim with my insurance company who paid up.
Posted by: carroll2stones at November 20, 2008 9:25 AM
Bwahahahaha! You will have more luck asking stones to hemorrhage.
Posted by: Bklyn Fire Alarm Guy at November 20, 2008 5:17 PM
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