In several cases, drivers have to deal with road problems such as potholes. Also, inclement weather conditions can cause cracked pavements on the road and result in serious car accidents. If you have been in an accident caused by a pothole, you may be wondering if you can sue for damages to your car.
Filing a Damage Claim
Depending on the state in which your accident occurred, if a pothole collision has damaged your vehicle, you can file a claim with the government entity such as the municipality or the transportation department responsible for maintaining the roads. You can increase your chances to receive compensation by thoroughly documenting your pothole accident and including vital information in your claims form. This information should be geared toward proving that the pothole was the direct or proximate reason for your accident and subsequent damages.
Documenting Your Accident
Even if there are only minor car damages following your pothole collision, it is necessary to collect as much information as possible about the incident. After you hit the pothole, pull carefully on the side of the road and take pictures of the pothole and your car. Also, write down the time of the day, visibility levels, and weather conditions.
Next, get your vehicle inspected by a mechanic who can provide an estimate of your damage repairs. Try to secure your car’s maintenance records that indicate that the car was not damaged in any way before it hit the pothole. Even if there are no damages, it is suggested to file a claim with the government body that notifies the appropriate body about the pothole problem and can help you or other drivers claim compensation if any future accidents occur at the location.
Recovering Damages for Your Injuries
If you have been injured during your pothole collision, you will have to file a negligence lawsuit against the state or local body to recover compensation. When filing a lawsuit, it is essential to note that since it will be filed against a government entity, you will have to abide by their stringent requirements and shorter statute of limitations. The government bodies can dismiss your lawsuit if you do not follow these strict rules, even if their own negligence has caused injuries.
Informing Your Insurance Company About Your Pothole Accident
In most cases, your insurance provider will treat your pothole collision as a single-car accident. In this case, you may be eligible to recover the repair costs if they are higher than the deductible on your policy. The only risk with this option is that the insurance premiums may shoot up, as the insurance provider can blame you for hitting the pothole that resulted in the damages.
How Can A Good Car Accident Attorney Help You?
It can be intimidating to deal with a government body on your own. An experienced car accident lawyer can review your case and help you determine if the local traffic regulation services are responsible for your accident. Besides, a skilled lawyer can help you navigate the difficult process of filing a claim and work tirelessly to ensure that you can receive compensation for your injuries and damages. The car accident lawyers at Ellis Injury Law have provided some additional information on their website explaining all the ways you can receive compensation for an accident like this.