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Old Feb 5th, 2005, 11:30 PM   #1 (permalink)
tkl
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Default Stupid pothole #@%!

My car ran over a pothole during one of those -30C days about a week ago and I just got the photos back. That hole was a canyon ! It completely blew out the sidewall of the one front tire and I had to change the spare tire myself since any tow truck via my Candiantire auto club was a 2 hour wait due to the weather.

Total out of pocket cost with taxes was about $ 75.00. Full price would have been about $ 110 bucks but Motomaster tires have a pro-rated guarantee which was the only pleasant surprise. The <a href=../autolink/redirectpage.php?linkid=24 target=_blank>Canadian tire</a> auto club would have done the repair for free (go to know for future reference) but the sidewall was not repairable. Kudos to the poster for the <a href=../autolink/redirectpage.php?linkid=24 target=_blank>Canadian Tire</a> autoclub deal about a month ago.

After all that, can anybody advise how can I submit the claim for damages or sue the City of Toronto for the cost incurred ? Or even bother for that matter.
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Old Feb 5th, 2005, 11:38 PM   #2 (permalink)
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I think I have read this some where else before (could be here). I don't think you can really sue the city for damages, unless you can prove that your damage was a direct result of the city's negligence. I don't know how easy that is.
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Old Feb 6th, 2005, 12:50 AM   #3 (permalink)
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If you want to sue anyone, sue the province. Not only is the TTC severely underfunded, so is the roads department. This is a direct result of provincial policy. If you wonder why the roads are in such crappy shape, look to Queen's Park.
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Old Feb 6th, 2005, 12:57 AM   #4 (permalink)
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Yet how did we raise many millions to help the Tsunami relief?
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Old Feb 6th, 2005, 02:13 AM   #5 (permalink)
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Quote:
Originally Posted by fakishan
You may not complain about potholes, unless you lived in Montreal.

Pothole capital of the world!
Well technically the whole province.
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Old Feb 6th, 2005, 02:42 AM   #6 (permalink)
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I suggest checking your provincial/municipal laws. In Alberta, you're under a strict time limitation to sue and you must notify the municipality AND there are limitations of WHAT you can sue them for.
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Old Feb 6th, 2005, 03:01 AM   #7 (permalink)
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My parents hit a manhole cover before that wasnt in place properly on the 401 and ruined a few of the tires and rims. The city paid for it with a bit of nagging but at least they didn't have to sue.
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Old Feb 6th, 2005, 03:08 AM   #8 (permalink)
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Quote:
Originally Posted by ainsane
My parents hit a manhole cover before that wasnt in place properly on the 401 and ruined a few of the tires and rims. The city paid for it with a bit of nagging but at least they didn't have to sue.

An object that is the responsibility of the city on the highway is another story, I assume it'll be so much harder to sue over a pothole since it is a "natural" occurance.

But it does suck about what happened.
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Old Feb 6th, 2005, 06:28 AM   #9 (permalink)
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Worse case scenario is that the city will say that you were not paying attention to the road and ran over the pot hole.

Avoidance first and foremost
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Old Feb 6th, 2005, 10:29 AM   #10 (permalink)
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Having visited India just last month, this thread seems kindaa funny to me.
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Old Feb 6th, 2005, 11:01 AM   #11 (permalink)
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I know of someone who was reimbursed by the city for tire damage after hitting a major pothole. They didn't have to sue, but had to submit a receipt and photos of the damage and pothole. This was in the GTA and over 10 years ago, YMMV.
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