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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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