Water dept cover in the road. The cover was not in properly in the road where it was supposed to be. Someone else hit it causing it to go in my lane and me hitting it

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Water dept cover in the road. The cover was not in properly in the road where it was supposed to be. Someone else hit it causing it to go in my lane and me hitting it

I could not avoid it; it went under the car and did $3500 in damage.

Asked on April 6, 2018 under Accident Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You should pursue your claim with the city for your property damage (cost of repairs) to your car.  The city should have a claims department where you can file your claim.  If the case is settled, NO lawsuit is filed. If you are dissatisfied with settlement offers from the city or if your claim is denied, follow all of the city claim's procedures and don't miss any filing deadlines or you may lose your right to file a lawsuit for negligence against the city.  Your damages (monetary compensation you are seeking in your lawsuit) for negligence would be the cost of repairs (property damage) to your car.


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