Pothole Damage Claim Update
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Did they give any justification or just a plain NO?
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basically, they said they did not get notified early enough to fix it before i hit the series of potholes... ![Frown](https://5series.net/forums/images/smilies/imported/sad.gif)
c
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c
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from my other thread...
just received a denial letter (denied on 5/17/05)
Claim Number c-6147
Government code section 835(b) which states that a public entity must have actual or constructive notice of the dangerous condition and sufficient time prior to damage to have taken measures to protect against a dangerous condition....
.... this is not an admission of liability...
... if you wish to consult an attorney, you should do so immediately.
--------------------
any thoughts? -- i swear i heard they were paying for pothole damage!
thanks
charley
just received a denial letter (denied on 5/17/05)
Claim Number c-6147
Government code section 835(b) which states that a public entity must have actual or constructive notice of the dangerous condition and sufficient time prior to damage to have taken measures to protect against a dangerous condition....
.... this is not an admission of liability...
... if you wish to consult an attorney, you should do so immediately.
--------------------
any thoughts? -- i swear i heard they were paying for pothole damage!
thanks
charley
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Move to the UK and you wouldn't have this problem. The roads are still full of holes, but we work on the basis that the agency responsible for whichever road it is has a responsibility to keep the road in good condition, not wait for someone to get injured or a car to get damaged. It doesn't work of course, but they do pay out!
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We had something similar happen to our Saab convertible a few years ago. At that time Cal Trans paid for about 60-70% of the cost. I had a blown out tire and a severaly bent rim. We submitted the claim. They looked at the pothole and agreed to pay for most of our damage. But that was a few years ago, when CA still had money. Maybe now they are more strict.
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Originally Posted by uwsc11' date='May 30 2005, 05:07 AM
Maybe now they are more strict.
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Same thing happened to me in NYC with my 540 a couple years ago. Hit a pothole at about 30 mph. As it had been raining that day, the pothole was filled with water so I didn't realize that it was deep enough to see China through it. It was so harsh that not only did it blow out both passenger side tires and dent the rims, but the impact actually blew the moldings around the A/C vents out of the dash and onto my lap. I put a claim in with NYC Comptroller's office and they denied it because that particular pothole was not reported to them to be fixed at least 7 days prior. So unless you take the time to drive along the normal route you take to work or wherever you go, and make a list of all the potholes along the way and report them to the D.O.T., then you are screwed...
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