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How do I get my city to take responsibility for damage to my car?
I live in a small town on a hill. Our drainage from the street is awful. It has been a problem the 5 years we have lived here. When it rains, our driveway washes out. Every time we get a large amount of rain, the city has to come out and add gravel to our driveway and dig out the drainage ditch near our house. Last year we took it upon ourselves to add some cement to our driveway, and it has held very well.
Last week, we got a heavy rain, and our driveway washed out near the road, an 8 inch strip about a foot and a half deep along the street where our driveway connects. Well, I didn't notice it on my return from our holiday traveling. I hit the "ditch" on my way in to the garage, and after I pulled in, ALL of my transmission fluid leaked out on my garage floor. My husband looked under the car, and I have a hole in my transmission pan.
My question is, how do I (politely) ask / demand that my city take responsibility for the repairs to my vehicle? I assume they have accepted liability by repairing the problem in the past.
Any help would be GREATLY appreciated.
* I didn't notice the "ditch" because the street hangs over it, it's like our driveway washed out under the street, you can not really see the gap from the street. The "ditch" I guess is on the city's property, in their easement anyway.
9 Answers
- msi_cordLv 71 decade ago
The city isn't going to take responsibility for the damage to your vehicle because they are probably not legally responsible. You hit the hole with your own vehicle because you weren't paying attention. Read what you said, "I didn't notice it on my return.. I hit the ditch on my way in to the garage." You also stated that this "ditch" was 8 inches wide by a foot and a half deep. How do you not notice that? Inattentive driving is the only way you could miss a eight-inch wide gap before your driveway.
This is exactly the same as hitting a giant pothole or a curb on the side of the street. Your best bet is to file a claim with your insurance company and let them deal with it.
EDIT
Check the dimensions of your "ditch". A gap of those dimensions is not likely to form unless it is a result of your concrete you poured for your driveway, which is not the city's responsibility. In fact, it could be argued that your concrete made the problem worse causing a deeper or bigger gap which damaged your vehicle. Again this would be your fault, not the city's.
Source(s): I worked for a local streets department and a county highway department for three years in engineering. - 1 decade ago
You may want to contact your local Ministry of Transportation and Infrastructure Department. I would also contact your city/state and or municipal member of Parliament before trying the law.
- Anonymous1 decade ago
Call the city government & ask for their Risk Management Division. (Government entities are usually self insured). Call the claims division & tell them that you want to open a "property claim". They may or may not pay it, but it's worth a shot.
- Anonymous1 decade ago
The weather isn't controlled by the city, therefore, they are not responsible for your car. It is your responsibility to make changes to your property so damage doesn't occur during bad weather.
- 1 decade ago
I'm not sure if you will succeed but if you keep on them.. I mean keep on them daily asking for one supervisor after another till you have to ask if you should consult you attorney you should have your answer. Be persistent. It pays. ( I thought our tax dollars were to maintain the streets)
- Anonymous1 decade ago
File a claim with your insurance company, tell them who is responsible and they will handle it.
- 1 decade ago
you can take them to court, but they have more money than you . i would suck it up and just call your insurance company
- Anonymous1 decade ago
They never will.
