Tire damaged going into a gas station (insurance, vehicle, auto)
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I was pulling into a gas station today and I guess there was a giant pot hole going into the gas station (where the street meets the gas station entrance). I was driving like 5-10mph and it was still super loud but didn't think it did anything to the tire or the wheel until I came home later tonight and checked it out. I have a tear on the side of the tire and a small scratch on the wheel. Can I hold the gas station accountable for the damages?
Not as phrased. It was on the road going into the gas station. It's not the gas station's responsibility to maintain the road. Even if on the gas station technically maybe but not worth the effort. Just get a new tire and pay more attention when you're driving in the future.
I was pulling into a gas station today and I guess there was a giant pot hole going into the gas station (where the street meets the gas station entrance). I was driving like 5-10mph and it was still super loud but didn't think it did anything to the tire or the wheel until I came home later tonight and checked it out. I have a tear on the side of the tire and a small scratch on the wheel. Can I hold the gas station accountable for the damages?
I have never seen any place pay for damage caused by a pothole. It is the driver's responsibility to avoid them, even though it is sometimes unavoidable, we have all hit them.
With cities and States cutting their budgets, the roads in this country are in horrible shape. When I leave my shop, I have to get over into the opposing lane to avoid about 5 potholes in a row in my lane. They come by and patch them, and a week later the repair fails and the hole is back again.
Well, not as it was done.
1. every stretch of any given road has someone assigned to take care of it. This simply needs to be determined. Then, a claim may be filed against that business.
2. unfortunately, this should have been caught "in situ". Pictures taken of the pothole, vehicle next to it, whatever may prove that particular negligence in road maintenance caused the damage. You drove home - well, dah, there were hundreds of other possible causes to that.
3. When I leave my shop, I have to get over into the opposing lane to avoid about 5 potholes in a row in my lane. They come by and patch them, and a week later the repair fails and the hole is back again. That's because this country stupidly believes that asphalt may be repaired when it's raining outside, it is very cold, is snowing, and so on. Asphalt has to be perfectly dry and semi pliable, where the patch is applied, ambient humidity and temperature have to be accordingly favorable, for the patch to catch to the edges cure solid. That said, when was the last time you witnessed a guy with industrial propane burner drying out damaged area to prep it for the patch application?
Not as phrased. It was on the road going into the gas station. It's not the gas station's responsibility to maintain the road. Even if on the gas station technically maybe but not worth the effort. Just get a new tire and pay more attention when you're driving in the future.
Correct, I've never heard of a property owner or tenant being held liable for maintenance of a public street. Usually, it is either a city, county or State responsibility. In fact, the gas station would probably be prohibited from making repairs to the street. Usually all they can do is report the deficiency promptly to the responsible party.
I know in some jurisdictions a damage claim can be filed with the responsible maintaining agency, although they may rarely approve a payout.
How to file a pothole claim
Fortunately many—but not all—cities let you file a pothole claim if your car sustains substantial damage from a pothole on a state or city roadway. The process varies by state and city, but here are a few helpful tips that’ll help you make your case no matter where you live. (Check in with the state or city where your car sustained damage for specific instructions on how to file a pothole claim.)
Keep a detailed record. Take note of the date and time of day the damage occurred as well as the exact location. Also make sure to include a detailed explanation of the damages your car endured.
Take a photo of the pothole. A visual can help support your claim.
Get the contact information of any witnesses. Eyewitnesses can help bolster your case.
File a police report. Call the appropriate state or city police department and file a report. Make sure to get a copy of the report to submit with your claim.
Get two or three repair estimates. Most places require you to submit estimates along with your claim.
File your claim ASAP. Some places limit the number of days in which you can file a claim after an incident, so it’s best to submit one sooner rather than later.
How to file a pothole claim
Fortunately many—but not all—cities let you file a pothole claim if your car sustains substantial damage from a pothole on a state or city roadway. The process varies by state and city, but here are a few helpful tips that’ll help you make your case no matter where you live. (Check in with the state or city where your car sustained damage for specific instructions on how to file a pothole claim.)
Keep a detailed record. Take note of the date and time of day the damage occurred as well as the exact location. Also make sure to include a detailed explanation of the damages your car endured.
Take a photo of the pothole. A visual can help support your claim.
Get the contact information of any witnesses. Eyewitnesses can help bolster your case.
File a police report. Call the appropriate state or city police department and file a report. Make sure to get a copy of the report to submit with your claim.
Get two or three repair estimates. Most places require you to submit estimates along with your claim.
File your claim ASAP. Some places limit the number of days in which you can file a claim after an incident, so it’s best to submit one sooner rather than later.
Also, check with nearby businesses or residents. Did anybody previously report the pothole? If so, when and to whom? Would they be willing to go on record as to their report? It might help your claim, if it can be proven the hazard was reported, but corrective action had not been taken.
How to file a pothole claim
Fortunately many—but not all—cities let you file a pothole claim if your car sustains substantial damage from a pothole on a state or city roadway. The process varies by state and city, but here are a few helpful tips that’ll help you make your case no matter where you live. (Check in with the state or city where your car sustained damage for specific instructions on how to file a pothole claim.)
Keep a detailed record. Take note of the date and time of day the damage occurred as well as the exact location. Also make sure to include a detailed explanation of the damages your car endured.
Take a photo of the pothole. A visual can help support your claim.
Get the contact information of any witnesses. Eyewitnesses can help bolster your case.
File a police report. Call the appropriate state or city police department and file a report. Make sure to get a copy of the report to submit with your claim.
Get two or three repair estimates. Most places require you to submit estimates along with your claim.
File your claim ASAP. Some places limit the number of days in which you can file a claim after an incident, so it’s best to submit one sooner rather than later.
Seriously? Unless that's a $1000 wheel requiring $300 to repair it and another $500 to replace a performance tire, it's not worth anyone's time to do that. Suck it up, buy a new tire, and if you're habitually driving in a pothole-infested area, explore adding tire coverage to your auto insurance policy.
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