can i sue if my rim got damaged by pothole on road

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Latest post Tue, Sep 21 2010 10:04 AM by adjuster jack. 3 replies.
  • Tue, Sep 21 2010 1:07 AM

    • leogagliano
    • Not Ranked
    • Joined on Tue, Sep 21 2010
    • NY
    • Posts 1

    can i sue if my rim got damaged by pothole on road

    hey i need a lil help.

    I was driving my motor cycle when i hit a pot hole. i am extremely furious because there was no cone of any indications that road work was being done. it looks like @ one point the pothole was filled in but now its rediculously bad. I pulled over to inspect the samage and my front rim is bend (preaty bad) not to mention i might have suspension damage too. i am going to have it profesionaly cheked out.

    my question is if there is any way i can sue the town or the state to have them compensate me for the damaged cost to my bike?

    my bike is only three years old and its in prestige condition i was even looking to sell the bike but this issue is going to lose value of my bike. i took pictured of the road ware the pothole was and the street sight showing from evry direction to have a clear vier in court.

    please if anyone could help me out id realy appretiate it thank u so much...

  • Tue, Sep 21 2010 9:37 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    Re: can i sue if my rim got damaged by pothole on road

    I think NY is a real oddball --the unit of government is immune as to holes it does NOT know about so apparently there are some websites of potholes that place government on notice as to specific potholes --check it out--if your pothole or work site was on the list--you might have some recourse..otherwsie I suspect its pure tough luck!

  • Tue, Sep 21 2010 10:04 AM In reply to

    Re: can i sue if my rim got damaged by pothole on road

    The state would have no responsibility unless you were on a state highway.

    Local government would be responsible for local streets.

    You would have to file a claim first (not sue) under the tort claims act. A rather daunting process anywhere.

    You would have to prove that the owners of the road knew about the pothole and failed to remedy it.

    You'd be better off having your own insurance take care of it.

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