Page 1 of 4 123 ... LastLast
Results 1 to 10 of 38
  1. #1
    Registered User
    Join Date
    Oct 2007
    Location
    Wherever the gipsies take me.
    Posts
    3,073

    Default Car damaged by pothole on I-95. Can I sue/file claim against the state?

    On the way home from the Natick Mall today I hit a huge pothole on I-95 south in Attleboro. The impact dented my aluminum wheel and destroyed the tire - I can see steel wires poking out of the sidewall.

    There was a rest area about 1/8 mile away and I pulled into it. There was another guy changing a tire with the help from a AAA truck. I asked him if he had also he the pothole and he responded that yes, he had. The AAA truck driver told me that I was about the 40th person that day to hit that pothole. I changed my tire and went on my way.

    I called the state police barracks in Foxborough and told them what happened. The officer told me he knew excatly what pothole I was talking about, that it has been patched numerous times this week and that the cold/traffic keeps popping out the patch. I asked him for the number for the Mass highway department as I wanted to file a claim. He told me that they do not do that. He said that basically I drive the roads at my own risks. I asked him why the hell do I pay excise taxes for then?

    I am pissed! Do I have any recourse with these clowns? A new wheel and tire will probably set me back over 300 dollars. I feel it is their responsibility to maintain the roads in a safe condition. Hitting a pothole at 70 miles per hour that is big enough to hide the Titanic is not my idea of safe.

  2. #2
    NES Member lowbuckbob's Avatar
    Join Date
    Jan 2008
    Location
    Within my Curtilage
    Posts
    613

    Default

    You can try filing a claim but I doubt you'll get anywhere. You're better off filing a claim with your own insurance, although you will have to pay a deductable and your rates might go up. This same scenario happended to my wife last year and I got the run around from every state agency I could think of. Bottom line was that I was S**t out of Luck. Good Luck with your claim.

  3. #3
    Banned
    Join Date
    Jun 2007
    Posts
    8,429

    Default

    You can try filing a claim, but unless they had known about it for more than a day and didn't do anything about it. No. My Merecedes lost a $350 rim and $100 tire a week after I got her on a city road. They said that they didn't know about it so they couldn't be responsible for it.

  4. #4

    Default

    town paid for a tire on a relatives care once...

  5. #5

    Default

    Are you being serious? Sue the state for a pothole opening up so we can all pay for you to fix your tire? Good solution.

    Shit happens. Potholes open up with the weather that we've had lately. I don't think anyone is being negligent there. The state is broke and so we can't afford to station a crew next to every pothole. It's unfortunate for you but those things do happen. Everyone's answer is to sue nowadays. That kind of attitude sucks. You've not been wronged by anyone. I'm sick of money being taken out of my pocket to pay for all of these rediculous lawsuits. Not that I think you stand a snowballs chance in hell in court anyway...

    Sorry if I came off like an ass but that's just how I feel. It's not an insult.
    Last edited by BOBKATT; 12-13-2008 at 06:10 PM.

  6. #6
    Registered User Arioch's Avatar
    Join Date
    Apr 2006
    Location
    New England
    Posts
    3,275

    Default

    I hit a pothole in Cambridge several years ago that destroyed a tire and a wheel, and did $700 worth of damage to the front suspention. And no, I wasn't doing over 30 MPH. Iwas told by the city taht since I was the first to report it, they hadn't had sufficient time to repair it and so were not liable for damages.

  7. #7
    Registered User
    Join Date
    Oct 2007
    Location
    Wherever the gipsies take me.
    Posts
    3,073

    Default

    Quote Originally Posted by BOBKATT View Post
    Are you being serious? Sue the state for a pothole opening up so we can all pay for you to fix your tire?
    Are YOU serious? Did you read my initial post? All of it? The state police aknowledge they have known about this pothole for over a week. I'l give you sometime to reread my initial post. Maybe then you can come back with a more constructive response. You can also spare me "I'm paying for your tire" BS. I pay taxes too.

  8. #8

    Default

    i saw on the news a few years ago that you cant be the first person to complain about the particular pothole if you want to get the damages fixed.
    so, if you were the 2nd, 3rd or 40th person to complain about it, as far as i know you are eligible to get compensation.
    i have no idea who to file it with.

  9. #9

    Default

    Quote Originally Posted by vicpinto View Post
    Are YOU serious? Did you read my initial post? All of it? The state police aknowledge they have known about this pothole for over a week.
    It doesn't quite work like this. I read your post. The pothole, as you mentioned the officer described, was patched multiple times this week, and was opening up quite frankly due to the crazy weather that we've been having. That tells me all that I need to know about the fact that they actually are being responsible and doing what they can to ensure the public safety.


    Quote Originally Posted by vicpinto View Post
    You can also spare me "I'm paying for your tire" BS. I pay taxes too.
    Good. Then pay for your own tire so I don't have to.

    P.S. If you win the lawsuit let me know. A deer messed up my fender two years ago and I've got to have a word with the wildlife comittee.
    Last edited by BOBKATT; 12-13-2008 at 07:24 PM.

  10. #10
    Registered User
    Join Date
    Jun 2006
    Location
    Western MA
    Posts
    1,623

    Default

    I don't remember where I read it (maybe in the license manual) but when you operate a motor vehicle on a public way in the state of Massachusetts, you are doing so at your own risk. The state/town/city cannot be held responsible for damages done to your vehicle while traveling on their roads.

    Sorry pal.

Page 1 of 4 123 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •