Can I sue the city if I was involed in a freak car accident 2 weeks ago due to a deep pothole?

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Can I sue the city if I was involed in a freak car accident 2 weeks ago due to a deep pothole?

No other car was involved. To avoid getting hit by a car backing out of a open parking lot. I slightly moved to the right, not more than 4″. Before I could realize what happend, my car was pulled to the right and I had no control until it stopped. After I could gather my thoughts, I set there for a minute, not realizing how serious this was. When I got home I walk in and told my family I hit a sign. My insurance company is ping 100% over $4000 and suing the city because the wreck was caused by a hole over 2 feet deep and no caution of this road hazard, I ended up with whiplash and spent 3 days in hospital for a sprained back. Why can’t I sue the city as well?

Asked on December 14, 2015 under Accident Law, Mississippi

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your insurance company should be working with you to sue the city. If this is not what is happening, consider getting your own counsel (if the insurance company is not providing you counsel), and sue the city, as well as the individual who hit you. The insurance company is suing the city for the money it had to pay out to you. You need to take care of your medical bills, pain and suffering and time off work.


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