If I got into an accident trying to avoid a town plow truck whose plow was taking up 1/4 of my lane, can I pursue the town for damages?

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If I got into an accident trying to avoid a town plow truck whose plow was taking up 1/4 of my lane, can I pursue the town for damages?

This is not a hypothetical question. This happened to me today.

Asked on January 21, 2012 under Accident Law, New Hampshire

Answers:

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

Answered 9 years ago | Contributor

You can file a claim with the town's insurance carrier for the damage to your car caused by the snow plow.  Your damages would be the cost of repairs to your car.  You will need to mitigate (minimize) damages by selecting an auto repair shop whose charges are comparable to other auto repair shops in the area.  If you were to select the most expensive auto repair shop you could find, you will have failed to mitigate damages and your damages will be reduced accordingly.

If the case is not settled with the town's insurance carrier, there may be some administrative procedures to follow prior to filing a lawsuit for negligence against the town.  If there are preliminary administrative procedures to follow prior to filing your lawsuit, it is very important not to miss any filing deadlines and to comply with the administrative procedures; otherwise, you may lose your right to file a lawsuit against the town.


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