Visitor Question

Injured When Our Car Hit a Pot Hole…

Submitted By: Andre (Cleveland, Ohio)

My wife and I were recently injured when we were driving in our car and ran into a large hole in the street. We were driving down the street to come home when our car ran into a pot hole. It was rather large and our car banged into the hole extremely hard causing pain to my wife’s neck and back and to my shoulder and elbow. We are on our way to the hospital to check our injuries.

If our injuries are serious, who is liable for the medical bills, the city, our auto insurance, or ourselves?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Andre,

It is possible the city may be liable. If you want to file a claim against the city you will have to file what is called a “Tort Claim”.

Contact the City of Cleveland’s Legal Department. Tell them you want to file a “Tort Claim” for the injuries you sustained as a result of your vehicle hitting a pothole. When you get the form you will need to fill out the following:

1. Your name and address.

2.

Your telephone number.

3.

The location, date and time of alleged occurrence.

4.

Short and plain statement of the facts on which the claim is based, including names, addresses and phone number of witnesses (if applicable), circumstances which brought about the loss, and the time and place the loss occurred.

5.

Damage(s) and/or injury sustained.

6.

Extent of loss or repair if known (copies of estimates, bills, receipts, photos, etc. may be provided if possible).

7.

Amount of damages sought.

8.

The residence of the person making the claim at the time of the loss and at the time of filing the notice.

Don’t delay filing! You have 90 days from the time of the accident.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 21, 2011

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