What are my rights if I fell into unmarked street pot hole and 2 of my wheels and tires got damaged costing me $1800?

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What are my rights if I fell into unmarked street pot hole and 2 of my wheels and tires got damaged costing me $1800?

I made a claim to the city and got denied. I reported the accident to the water department, street department and city attorney. I also have a police report abd pictures of the pot hole and receipt of repair on suspension (stating from mechanic damage done to my personal vehicle and the cost ro repair) but still got denied. What can I do or who can I hire to represent me?

Asked on June 3, 2013 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is very hard to sue a city (or other government entity) for  pothole damage. The city is not liable simply because it was a city road; for the city to be liable, you have to be able to show that the city knew of the pothole (e.g. that it was reported to them) and that they knew of it enough time ago to have had a chance to fix it (e.g. it wasn't report a week or two ago). If you can't show that, you can't show that the city was liable.


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