User 121523

I hit a very bad pothole in San Jose that ended up with replacing a bent wheel with OEM and alignment / balance, and filed a claim against the city to recoup the $600 spent. I just received a letter today saying my claim was rejected. Aside from being very, very disappointed in the city to which I pay my various taxes, I'm thinking about biting the bullet and just let it go.

Thoughts? Suggestions? Tips?

Sffd103

iTrader: (16)

I always wondered about this. What was their basis for the denial?

User 121523

There is no explanation whatsoever in the letter, only terse legalese saying that I can file a court action and consult an attorney. I can't help but feel that they simply send out the big guns (i.e. lawyers, attorneys, etc) and deny all claims they think they can get away with.

Nelly

iTrader: (11)

Damn that sucks man... This is what I hate about cities, sometimes they just do a half-assed job with fixing the roads only to later on redoing it again. Do it right or do it twice. Update us when you figure something out

User 121523

So apparently according to California Code 835 (http://law.justia.com/codes/californ...835-835.4.html), the city is not liable for any public hazard that it does not know about, and at least from the information I could gather, the last reported pothole on the road was late January.

There isn't much I can go by at this point except to eat the cost myself. Perhaps I should move to a different city as a silent protest? The city is always very fast in cashing my checks on various taxes and fees, but never ever pays up in situations like this. Guess I shouldn't be surprised.

donuterika

I hit a pothole in SF and I got a flat tire and 2 of my rims were messed up. I sent the city receipts and pictures of the incident and they fully reimbursed me for the flat tire but they said they would only cover half the cost of the rims. They said it's typical to not pay for cosmetic damages but since I had a flat tire they compensated me for the wheel repair for the side that had a flat. Not that this helps you in any way but fyi...

VIP_Dreamz

do not let it go. it's the city's problem to get the damn pothole fixed. I mean what's the reason we pay taxes for? Take pictures of the exact location of the pothole and the damage it did to your rims and tires. Fight the case. Don't let your hard earned money go to waste.

swtjlsy

iTrader: (6)

This really sucks why do we pay taxes for!!!

Sffd103

iTrader: (16)

Cities are broke and cutting back on road repair and employees.

josephdoc

Do you (and all of us) remember our DMV took $10 extra, per car, last year because they need budget to fix the potholes???

Well, I really did pay attention on this because I don't see any hole got fixed on all the routes that I roll daily in last 12 months. I feel our gov took the money and spent it somewhere else already.

Yeah.. under this screw up econ we have in US... fixing roads is not on priority for sure. I am watching it because I was told my gov needs my help for $10 per car to fix the road but I don't see any work has been done. My rides are suffering and I want my money back!

shadowman

iTrader: (2)

If the city knowingly ignored the pothole report, then they should be held liable for the negligence. Don't let it slide so easily... check for a way to appeal it.

Worse case, I would check around for a lawyer who is willing to take up the case. Some lawyers will take up the case and they won't charge you unless you win the case. I believe you can also charge the state the fee for the lawyer as well as the damage you received to the car. But check first...

That totally sux that they take our tax money and spend it on something else than it was supposed to be meant for. We are slowly moving into corruption and the politicians are to blame. All the new taxes are popping up left and right, and we have tax increases up the @ss. Yet, nothing has been done... nothing has been changed. I don't see any improvements anywhere with new jobs, etc.

Good luck...

User 121523

The only way "allowed" in the letter is to officially file a court case, which seems like more trouble than $600 is worth for the time and possible financial commitment. The city wins in evading payment in this case

I'm hoping to move out of San Jose anyway, hopefully somewhere where the city government isn't a bunch of sleazeballs.

aristo2369

iTrader: (2)

follow up on it..... im sure your expecting you to take the hit.. it will be cheaper for them to pay that to go to court....