Last week I was driving down a local street at night and it been raining all day.I was going well below the 30 mph speed limit. (about 20-25)An excavator was responsible for doing what's called a quot;cutquot; in the road for the local water company.A cut is about 2 ft. wide, stretches across the road and normally is like driving over railroad tracks when gravel is packed in.They used metal plates to cover the road on one side, but didn't use anything on the other and left it exposed.With all the rain all day, it created a chuckhole about 3 ft deep.There were no warnings IE: flashing barricades, construction signs, etc.I hit it directly and it caused $300 to my suspension to my car.When I reported it to the city they were out there that night with stone to fill and a barricade.I talked to the excavating company owner about it.I was civil and the owner, but he was a complete jack ***.I hadn't even asked for anything. I was going to offer splitting the cost.Should I sue?
good luck in trying to sue in order to sue i think you have to prove that they intentionally tried to damage your car, but I have been known to be wrong , at 300 damages it hardly seems worth a day in court
Send a demand letter, certified mail, return receipt requested. Demand the $300, and any additional devaluation to the car. They were negligent in their maintenance of the road. They should have known what rain would do, and sent a crew to fix that before any property was damaged. In the demand letter, instruct the company to forward this demand to its insurance carrier. Since they were negligent, their insurance should cover it. Also, a lot of these companies are required to post bonds with the state, not a lot, normally around $50,000, but it will cover your damage. The letter should also reserve your right to add any additional damage to the claim should you discover some. ** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
You can probably sue. But for $300 it probably isn't worth the effort. Filing a lawsuit, even in small claims court, will cost you a fee, which varies from state to state. You should be able to recover this fee as part of the judgment against the excavator or local government who contracted with the excavator to work on the road, but not unless you win. It's also a hassle to go through the process of filing a complaint, setting the matter for trial, going to trial, and then trying to recover the judgment. You may just want to send a threatening letter to the excavator and local government, with a copy of the bill, and see if they pay. Who knows? Whoever reads your letter may be sympathetic and send you a check. Going through a lawsuit is a hassle for the other side, too.
You might want to contact the city...since it was their contractor, they may pay out on an administrative claim (and then ding the contractor on his fee) rather than making you file suit. You could also go with your insurance company and then they'd go after the contractor or city on a subrogation claim.
