Rock thrown from Geneseo town tractor mower damages my car

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Rock thrown from Geneseo town tractor mower damages my car

Driving on public road. Roadside mower from town of Geneseo, NY 14454, threw a
stone that damaged my car. Town’s insurance company says NYState law removes
them from any liability. What options do I have to get damage fixed without paying
out of my pocket?

Asked on December 5, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the town and/or the individual employee driving the mower, but will have a very hard time winning: to win, you'd have to show that that the driver was negligent, or unreasonably careless, in how he was operating the mower and that is what caused the rock to be thrown. For example, you'd have to show that this rock or rocks generally were obviously visible at that time on the road, and despite them being visible, the employee drover over them. 


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