Struck a Pothole in a parking lot

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Struck a Pothole in a parking lot

Hit a pothole in a parking lot that is considered maintained by the owner of the property. Requested reimburse for the two tires that were damaged and was told they aren’t going to do anything and told to take it to my insurance. I only have liability and they were aware of the potholes and took an excessive amount of time to repair them. There were no deterrent devices in places such as cones or barricades. The hole was not easily visible especially on a rainy night. What course of action can I take to be reimbursed for damages to my car?

Asked on April 17, 2018 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If, as you say, they were aware of the potholes but neither fixed them nor blocked them off, they may well be liable, or responsible to pay for, your damage. Unfortunately, if they will not voluntarily pay, you'd have to sue them to get any money: e.g. file a small claims lawsuit, then prove in court that they had knoweldge of the pothole and an opportunity (e.g. sufficient time) to fix or at least block them off. A lawsuit is the only way to get money if the other side chooses to not pay you.


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