CAMAracer

iTrader: (1)

There's some road construction on the 101 near Larkspur and tonight, while driving home, I ran into what seemed looked like a 2 inch separation on the road!!!

AHHHHHH!!!!!!!!!!!!!!!!!!


This is so #@&% messed up! I was driving at a miserly 50 MPH and it still managed to cause a 3 inch dent in my front wheel.

Do I have any legal recourse against the city for leaving such a gaping UNAVOIDABLE hazard in the middle of the freeway?

I can't believe that they could/would leave something like that for people to drive over. Why not just block off the lane entirely?

I've read that I might be able to get this covered under my collision coverage...anyone know if that's true?

Yes

insurance usually won't cover aftermarket parts. but it's worth a try. is it possible to have it repaired?

Pearlpower

iTrader: (2)

Most municipalities will deny the claim initially. If you prefer you can always file for a small claim and see which direction they will go then. Perhaps best and less hassle to have it repaired.

Yep, Caltrans is not known for decent planing while working on jobs.

intdiamond

iTrader: (2)

Here in Chicago, where black-hole sized potholes are plentiful, the city actually reimburses most claims for damages to tires/wheels when submitted properly; they want a picture of the hole/bump/crack/etc. with receipts and an explanation... then it takes 30-60 days for a check.
I hit a hole the size of Omaha last spring that popped my tire and bent my wheel, submitted my claim to the City, and got a check for the entire $290- I spent to fix it. I almost fainted when I got it in the mail.
You might as well try the same where you live... what do you have to lose?

JohnnyCake

From the ABA Family Legal Guide:
Negligence -- Automobile

My car sustained damage when it hit a pothole on a city street. Can I recover from the city?

Some cities have pothole ordinances, a form of immunity that releases them from any liability for pothole accidents, except where they had prior notice. Whether you can recover will depend on your city's law controlling liability and its immunities against suits. For instance, some states have governmental tort liability acts, which sharply limit suits against governmental bodies.

hipendicul

Three years ago I had both my right side wheels taken out by a huge pothole (my old 99 BMW M coupe). After filing a claim to the wrong city (I filed with Los Angeles only to find out it was Hollywood..) my claim was denied because you have 6 months to make the claim. (it took two months for me to get my car fixed with receipts, I sat on the claim for a month, then Los Angeles didn't kick back my claim for over a month, so on and so on..) I missed my deadline by one week. (2 grand in damages)

But here's what I learned. The city or state will only cover damage if they knew about the pothole or other damage to road before and you have proof that the damaged road caused it (meaning new potholes they aren't resposible for. So besure to have ready, where and when the pothole did the damage). They will want to see reciepts for the damage and besure to file it within 6 months. (do multiple filings to cover your butt).

The clerk told me that I had one in a million chance to collect but after seeing my pictures and all the damage to my car, my chances went up to 50%. So I hope you have pictures and do it fast..

CAMAracer

iTrader: (1)

Just got through handling the matter with my insurance. I had additional coverage for aftermarket parts, so they covered ~75% of the cost to replace the rims. As for chasing down the city to pay for my $500 deductible, the insurance adjuster told me "Good luck"...which didn't instill a sense of confidence in me....

Now I'm back on stock wheelies and boy do they suck

Braking is almost like night and day (almost hit someone from behind ). Acceleration seems sluggish. Gas mileage,

I didn't realize how much +50 pounds at the wheels can make a world of difference...

I miss my old rims

intdiamond

iTrader: (2)

That's great you're getting covered on most of the cost