You're driving along, minding your own business, when suddenly, you hit a pothole. You hear a loud pop, and you know what that sound is—your tire has blown out. You begrudgingly get out of your car to assess the damage, beginning to wonder, “Can I sue the city for damage to my car?” and realizing that not only is your tire blown, but your bumper is dented from the incident. You might be able to limp to the side of the road, or maybe you’re stuck in place, but either way, you know your day just took a turn for the worse. Soon, you’ll have a very expensive repair on your plate before you get back on the road again, but not everyone can handle a cost of that caliber at a moment’s notice.
Property damage can come from anywhere at any time and instantly drop a significant expense into your life, often when you least expect it. Whether you’re a city driver or not, chances are you’ve had to deal with some sort of road damage. Potholes, cracks, negligent city vehicle operators, and more can all cause serious problems for drivers and their vehicles. In some cases, it can even lead to car accidents, causing more innocent people to suffer from a lack of care or responsibility.
The simple answer is yes—you can sue the city for damages if your car is damaged by a pothole or other poor road condition. However, it's important to understand that there are some restrictions to consider. First and foremost, you have to prove that the city was aware of the hazard and did nothing to fix it in a reasonable amount of time, otherwise known as city negligence. This can sometimes be difficult since municipalities usually have "sovereign immunity," which protects them from being sued except in very specific circumstances.
You’ll need to prove that the city breached its duty of care and that your damage directly resulted from the hazardous situation, both of which aren’t easy tasks. Filing your claim isn’t exactly straightforward either if you have no prior experience, which leaves many victims confused, frustrated, and overwhelmed by a situation that wasn’t your fault. But don’t worry. Anyone who finds themselves in this situation has a powerful legal ally in Morgan and Morgan.
With $13 billion+ recovered, decades of experience behind us, and offices from coast to coast, we’re uniquely capable of helping you file a claim against the city responsible for your property damage. Complete our free, no-risk case evaluation to get started.