Quote (Secksii @ Feb 27 2018 04:57pm)
why doesnt it work?
the city you live in, you pay taxes, the money they get from those are used to maintain your city.
If the city isn't maintaining roads to safety standards and leaving pot holes deep enough to fuck up cars, you have all the right to file a claim with the city for the damages caused by the pothole.
They'll either pay you for damages, or won't. That's when you can sue them and win ezpz.
You'd need to provide em with proof that the pothole was the cause of damage, which is the hassle part. However by not doing ur part, it allows the city to think it's okay to not maintain it when they should, but only do it when it's convenient for them to follow their schedule. If majority of citizens actually did stuff about it, the city would be on their asses. The problem is that not many ppl would do it because its too much of a hassle for them, so it allows city to not give as much fuck.
You should really have a look into it.
Quote
Carelessness, negligence, or misconduct
Provincial and municipal governments cannot be held liable for material damage to automobile tires or suspension systems due to road conditions.
Despite that legal restriction, it is still possible to sue the Quebec Ministry of Transport, a municipality or a city for carelessness or negligence or misconduct by the authority in question. The burden of proof, however, rests with the motorist (that means you).
Burden of proof
To prove carelessness, negligence, or misconduct on the part of the authority responsible for road maintenance where the pothole damage took place, you must prove two things:
1. That the pothole had already been reported to the authorities before the incident; and
2. That the latter had failed to do anything about it.
Evidence
Certain evidence can help you prove your allegations:
Testimony by witnesses (other motorists, residents, or a nearby merchant) that a pothole was present;
A prior report to authorities;
Lack of a sign warning of the danger;
Photos of the pothole and surroundings;
The measurements of the pothole (width and depth);
An estimate of repairs to the vehicle from a recognized garage, like a CAA-Quebec Approved Auto Repair Services outlet.
Municipalities and the various Ministry of Transport divisions have official complaint mechanisms. You can therefore ask the relevant authority for a copy of the list of potholes reported for the period in question.
For 400$, I wont go through all the trouble for the little chance I already have. I need to get proof of all that and proof that my lower ball joint was in good condition before I hit the pothole and proof that the pothole did the damage to it. AND the pothole needs to have already been reported and failed to be fixed in a timely manner.