Construction caused damage to my vehicle. Is the city liable?

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Construction caused damage to my vehicle. Is the city liable?

Construction in downtown Kent, Ohio caused damage to me vehicle. The construction
blocked off the normal entrance to an apartment complex and a makeshift entrance
was constructed with a metal plate. Driving over this metal plate caused my
vehicle to bottom out causing damage to the underside of my car.

Asked on September 4, 2017 under Accident Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

The city and the construction company are both liable for negligence.  Your damages (amount of compensation you are seeking) would be the cost of repairs (property damage) to your vehicle.
Contact the city claims office and follow their procedures for filing the claim.  If you don't follow their procedures or miss filing deadlines, your claim will be denied and you may lose the opportunity to file a lawsuit for negligence against the city.
If the case is settled with the city, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the city, reject them and file a lawsuit against the city for negligence.
If the case is settled with the construction company's insurance carrier, NO lawsuit against the construction company is filed.
If you are dissatisfied with settlement offers from the construction company's insurance carrier, reject them and file a lawsuit for negligence against the construction company.
You file one lawsuit for negligence naming both the city and construction company as  defendants.
  If the case has settled with one but not both parties, only name the party with whom the case has not settled as a defendant.


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