Do I have to pay for guardrail damage from over 2 years ago?

UPDATED: Oct 1, 2022

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Do I have to pay for guardrail damage from over 2 years ago?

I was in an accident around Dec 2016. I was at fault due to the snow storm my
vehicle slid into another lane on the highway, and a semi-truck hit me and we
both went into guard rails.

My insurance covered everything to include the other party which maxed out my 25K
liability. The New York Department of Transportation just sent an estimate to my
insurance company on April 17, 2019 for 5k.

Doesn’t taxes cover highway and road repair?

Asked on April 17, 2019 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It doesn't matter that taxes do pay for road, etc. repair, any more than it matters that your income normally pays for your own home's repair and renovation. Just like if someone damaged your home, you could sue them for the repair costs, if you damage the guardrails, the state can ask you to pay for the repairs and sue you if you don't. Anyone who is at fault in damaging another's property, whether that other is a person, a private business, a nonprofit, or the government, is liable or responsible for the cost of the damage he or she does.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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