If you were injured in a car accident, especially if you werent at fault, contact a Louisville auto accident lawyer. It was shared more than 30,000 times in one week. PEACE OUT! Take a photo of the pothole. If you discover injuries or property damages later, how long do you have to file a car accident lawsuit? A hit at high speed could make a driver lose control or even crash, so it's important that they're fixed. Include all the details youve collected, like copies of your quotes, invoices and receipts. Kentucky has special requirements regarding who can file a wrongful death suit. Mobile App. It is the duty of an individual to act with reasonable care as to not physically injure anyone else. Whether you are filing a claim with your insurance or the government, three things are essential: Documentation, documentation, documentation! PPC Agency Phone Numbers, Commonwealth of Kentucky. But if you take the right steps, you can often get the city or state to pay. A recent AAA study indicates potholes cost motorists an average of $306 in damage. If you want to claim either on your insurance or from the council, you'll need some information to back it up. It's more than likely any settlement initially offered without a personal injury attorney is the minimum compensation required by law. If your car only suffered some minor dings and scratches (if that), you are definitely better off skipping any official claim process altogetherits just not worth the time and energy. You have one year from the date of your car accident in Kentucky to file a claim against the at-fault driver, company, city, or other party. Follow her on Twitter (@_GabbyHarmonTV) andFacebook. Our investigative techniques also can include any or all of the following: Hiring a skilled Louisville accident attorney from Meinhart, Smith & Manning, PLLC after a car crash can help you explore your rights as a victim and take action against at-fault parties. Frequently Asked Questions Regarding . Then she got hit with a $1,000 repair bill for the damage done to her car.Her friends told her the state had a fund set up to cover the cost of damage done by potholes and she wanted to find out if it was true. Be sure to get contact information for any witnesses that saw the accident. ". This act of negligence occurs when an individuals conduct does not meet the applicable standard of care. Contact our law office today and one of our friendly staff members will be happy to help answer your questions and set up a case evaluation. There is no universal policy for pothole damage reimbursement, so in many cases damage done from a pothole won't be covered by the municipality. Depending on the area you live in, it's possible to get reimbursement. If you need assistance in filing out the claim application or if you need a paper copy, contact the Board's office at 502-782-8255. Like our page to get updates throughout the day on our latest debunks, North Carolina substations attack a 'wake-up call' in latest nationwide infrastructure threat, guidance from the insurance agencys website, 'All in on Africa's future': Biden announces trade, infrastructure investments in Africa, Richmonds little-known pothole claims policy makes getting damages covered difficult, Most Common Reason City of Omaha is Denying Pothole Claims, Your City Could Pay for Car Damage Caused by Potholes. Its not just about where youre going, but also whats on the ground. Of course, there are several steps you can take that can help you avoid any of this, well before an unfortunate situation happens. Additionally, there are elements involved in a negligence case. Hearst Television participates in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites. If you hit a bad one, you may need anything from a simple flat-tire fix to extensive wheel and suspension repairs. In Indiana: Process varies, depending on state, city, town or county jurisdiction. Statewide Transportation Improvement Plan, Civil Rights & Small Business Development, Statewide Initiatives and Regional Projects, Drive.ky.gov - Driver Services, Vehicle Services, and Motor Carriers, Public Protection Cabinet, Office of Claims and Appeals for Negligence Claims, Office of Claims and Appeals Regarding a Negligence Claim, Office of Claims and Appeals Negligence Claims Webpage, Office of Claims and Appeals Negligence Claims Claim Form, Ask KYTC Legal Services about a Claims and Appeals matter involving KYTC, Civil Rights and Small Business Development. Inspect your suspension. Anyone may file a claim with the Office of Claims and Appeals. The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. 1. Ask KYTC Legal Services about a Claims and Appeals matter involving KYTC. Download the app to report and track a breakdown quickly, find Member benefits near you, and more. free consultations. A pothole damage claim is considered a single-car accident, which is filed as an at-fault accident by your insurance carrier. Take a photo of the pothole at the time of the incident. But with the MoDOT reimbursement program, you may get some of . Your odds: The likelihood of collecting isn't high, because motorists must convince state or local officials that road crews knew of a pothole and didn't fill it in a "reasonable" amount of time. Your best bet: Provide as much detailed information as possible, including the pothole's location, the time of the incident and the damage. Tick tock. %PDF-1.5 % 4 0 obj <> endobj xref 4 12 0000000016 00000 n Take a photo of the damage done to your vehicle. Log in to your account to book lessons, access your online learning material and recommend a friend. Following the recent ice storm, major potholes have been seen around Louisville - from the interstates to neighborhood roads. A duty is recognized as a relationship that was formed between the parties and a judge will normally rule regarding whether or not one party owed the other party a duty of care. If you find yourself with car damage from potholes, here is what you need to do to get help. Look for any visible damage to your wheels and tyres. Step one is to determine who owns the road the car was wounded on. "@type": "Answer", If the defendants conduct failed to meet the necessary standard of care, the defendant is said to have breached their duty of care. ", Enter all requested information for each section, if applicable to your particular claim. No claims can be granted for the following: o Claims under $250. "You could be looking anywhere from 800 to 1,200 dollars pretty easy," he said. In general, soft tissue injuries (STI) refer to damage to muscles, ligaments, Soft tissue injuries (STI) from a car wreck include any type of damage or lesions to muscles, ligaments, and tendons throughout the body. Filing a pothole damage claim is easy, but whether or not you should do so is something you should consider. "For example, the state may be found to be negligent if we were notified of a hazardous road condition and did not address it in a reasonable amount of time. How Long Do You Have To Report a Car Accident? One important note: Whether a driver gets a pothole payout depends on two factors: If the pothole was reported and if crews had reasonable time to make the repair. If youre unlucky enough to hit a pothole, heres what you need to do: Even hitting a pothole at low speed could harm your car, but at high speed there could be much more damage. "Small Claim Instructions. 2. Contact reporter Gabrielle Harmon atgharmon@whas11.com. 0000061262 00000 n Become a Member today from just 7.50 a month. Contact a local official for help. Make it easy to keep up-to-date with more stories like this. The latest breaking updates, delivered straight to your email inbox. To Report A Pothole: Kentucky (Interstates, State Routes and Roads) Click here or call 1-800-PATCH-IT Indiana (Interstates, State Routes and Roads) Call 866-849-1369 or email indot@indot.in.gov These may include a bulging or flat tire, bent rims, issues driving straight, a low vehicle front end, shaking or rumbling while driving, fluid leakage, or strange noises from the exhaust. If the damage is very expensive, speak to your insurance company or seek legal advice. Let your local county, city or borough council know so they can fix the hole. In that year, the top ten most common contributing factors to car accidents were: Drivers have a duty to drive safely and prevent unnecessary risk of injury to other drivers on the road. We guarantee a personal experience for each and every client. But to repair a pothole only costs around 39.80 on average. TIME reported in 2014 that damage claims are often rejected. Did you guys know if you hit a pothole and it caused damage to your vehicle, you can go down to city hall and file a complaint and show them the damages of your vehicle and they will pay to fix your vehicle since its a city issue! State of Kentucky: Call the state Board of Claims at (502) 573-7986. Take a photo of the damage done to your vehicle. Include a familiar object in your photo, like a shoe or drinks can, to give a sense of scale. Many Kentucky law firms, like Meinhart, Smith & Manning, PLLC, offer free consultations, where you can get answers to your questions and guidance towards your best legal options. Eyewitnesses can help bolster your case. Motorists should also submit an estimate for repairs or a receipt. If you see any damage or the steering doesn't seem right, get your car checked by a garage or tyre specialist as soon as possible. An example of duty of care involving an auto accident may include a defendant that ran a red light and caused an accident. How to report a pothole. ", Michigan Legislature. Travel on rough roads may damage your vehicle. If you hit a deep pothole even at quite a slow speed you could damage your tyres, wheels and steering alignment. Get two or three repair estimates. Meinhart, Smith & Manning, PLLC has won million-dollar settlements for victims of all types of Louisville area motor vehicle accidents. 40202. Once you give a recorded statement, it can be very difficult to undo the damage of certain statements. Deposition sessions occur outside of a courtroom and include a recorded statement of a witness to the case. ! the post reads. There are so many potholes out there right now state maintenance crews can't keep up. Caltrans offers up to $10,000 to drivers whose vehicles have been damaged by potholes on California freeways -- a program of renewed significance amid recent storms. Drivers have 90 days to file a claim after an incident. A decision on whether or not to pay the claim is made solely by the Board of Claims Office in Frankfort. Fewer claims -- 1,037 -- were filed in 2015. If a driver fails in this duty, or is negligent and breaks a law, causing personal injury or property damage to others, his or her car insurance should provide compensation for the injured parties medical bills, missed wages, and even pain and suffering. If safe to do so, take photographs of the pothole. A claim will be reduced by the amount a claimant is entitled to receive from any other source, including private medical or vehicle insurance (also known as offsets). In Louisville, 17 of 161 drivers were reimbursed a total of $7,185. To follow on Twitter click here. But Clifford wrote that motorists can file a claim with the Public Protection Cabinet Board of Claims by clicking here.However, Clifford said the state doesn't automatically cover the repair costs just because you fill out that claimform. The Public Protection Cabinet, Office of Claims and Appeals for Negligence Claims, was established to ensure an impartial and fair review of all claims filed by a claimant who believes their person or property has been damaged through negligence on the part of the Commonwealth of Kentucky.The Office of Claims and Appeals determines whether the Commonwealth, any of its cabinets, departments . Even if you do manage to file, the defense can use the fact that you missed your deadline as a reason to have the courts drop your case. "Small Claims. Get at least two estimates from two different mechanics 3. To Lansing Call (517) 483-4455 or submit online. Take down the contact details of anyone who saw what happened. Insurance companies are in business to make money and, therefore, try all that is possible to avoid paying any more than they have to. o Collateral, dependent or subrogation claims. Call the appropriate state or city police department and file a report. Police dashcam footage captured the alarming moment an Ohio officer avoided a truck sliding down an icy road. Check if your steering wheel doesn't centre properly or if the car pulls to one side. Officials in various cities and transportation departments, as well as an insurance agency,told USA TODAY that policies vary by jurisdiction. It is important to take a moment, once the dust settles, and take stock of how you feel and whether or not you are injured. Louisville Metro Government: Call MetroCall at 311. Then go in and get the estimate, have the repairs done, and make sure to get a copy of the invoice," Harber said. Indiana (Interstates, State Routes and Roads)Click here FRANKFORT, KY (WAVE) - Big swings in temperatures are wreaking havoc on our roads. "For a claim to be considered for compensation, the claimant must prove negligence on the part of the state in regards to the condition of the roadway," Clifford wrote. The discovery phase can be a lengthy process, and includes depositions of individuals of the other party and scheduling witnesses. 0000000831 00000 n } TheOffice ofClaims and Appealsdetermines whether the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment, has been negligent and consequently caused damage, loss or injury to a claimant. Local news outlets, including KMTV in Omaha, Nebraska, and WRIC-TV in Richmond, Virginia, have also reported that reimbursement applications are usually denied in their respective cities. Our Louisville car accident attorneys charge on a contingency fee basis and our firm covers the court costs and legal cost and fees up front. Write to the council responsible for the road with the pothole on. Note the date and time of the accident. When an individual loses their life resulting from negligence, recklessness and wrongdoing as a result of the at-fault victim, only certain members and representatives associated with the victim can file a wrongful death claim to help recover maximum compensation for the loss of life from the victim. INTERACTIVE | Cracked up - How potholes form, MORE | After snow and ice season, it's pothole season. "Does Car Insurance Cover Pothole Damage? An example of duty of care involving an auto accident may include a defendant that ran a red light and caused an accident. KYTC also offer a toll-free reporting number, 1-800-PATCHIT (1-800-728-2448). Follow us on Facebook! If youre involved in a car accident, you can experience fear, confusion and even disoriented. If an individual unsafely loaded too much equipment on the top of their vehicle, and the equipment came loose and fell from the vehicle that caused the accident, this could be considered as negligence. If you hit a pothole with worn tires, you could get wheel or suspension damage. Not only are they an annoyance, but they can also be dangerous for your vehicle. Many people arent aware that you arenotlegally obligated to give a recorded statement to either your or another drivers insurance company.

While in some cases, like fender benders, a Louisville accident attorney may not be necessary, there are car accident cases in which a strong legal defense may be your only option to fair compensation." The claim: Cities will pay drivers for all vehicle damage caused by potholes. Most major cities have a dedicated line for dealing with such complaints, but for small cities, perhaps just going to City Hall will fix the problem. How Do Our Attorneys Investigate Auto Accidents? At-fault parties can be responsible for the damages suffered by members of the victims family involved in a fatal car accident. Echoing guidance from the insurance agencys website, Paul said drivers should file a claim as soon as possible after an incident because of the time limitations for doing so in some areas. Hitting one of the potholes in the city or county with your . Often, when one driver dies as a result of his or her injuries, the cause of the accident remains uncertain. 0000003321 00000 n How to file a claim. Should I Pay For an At-Fault Claim Myself? Enjoy discounts on restaurants, days out, car care and more. These four elements of negligence are duty, breach of duty, causation and damages. To send securely effective dates etc. Salvador Melendez with Metro Public Works said day and evening shift crews have been working to make repairs since Monday. "name": "When Do You Need a Car Accident Attorney in Louisville, Kentucky? With vehicle tax and breakdown cover included, it's the simple way to drive a brand-new car. Please read "How to file a claim" and "Documents to include" before completing. "@type": "Answer", When results matter, Meinhart Smith & Manning, PLLC is who to rely on. Weve won outstanding results for our clients in the past, and may be able to do the same for you with legal action.

The element of negligence involving causation requires that a plaintiff proves that the negligence caused the plaintiffs injuries.

Although reimbursement for pothole damage varies from state to state, and from town to town, you should expect that the claims process will be a challenging one. Visit the Office of Claims and Appeals Negligence Claims Webpage. While some people depend on their insurance company to take care of the situation following an accident, its important to understand that their solutions are rarely designed to benefit you. Copyright 2012 WAVE News. We encourage property damage claims be submitted via electronic mail to sharron.holliday@ks.gov as there may be possible delays in receiving claim documents via U.S. Mail. In many locations, you may download the form from a website. Example video title will go here for this video, The Vault Special | WHAS11's coverage of the 1998 Thunder Over Louisville (Part 1). "8 Signs of Pothole Damage.". A pothole damage claim is a single-car accident, which is filed as an at-fault accident by your insurance carrier. Download the WHAS11 News app now. You might be able to claim compensation from the council for the cost of any repairs to your car. I went to work to get answers.Michelle Montgomery wrote us after hitting a pothole while driving through Frankfort. Another example is how an individual could have overloaded or unsafely loaded a vehicle that resulted in an accident. More:North Carolina substations attack a 'wake-up call' in latest nationwide infrastructure threat. In 2017, a total of 782 people died on Kentucky roads. Check for any vibrations while you're driving.

Damages

At Meinhart, Smith & Manning, PLLC plaintiffs only pay for legal fees if their case is successful. Zader Zahr, the VP of Dream Luxury Car Rentals in Southfield, said in . If you're thinking about changing your car, giving your home a new lease of life, or just want to consolidate your borrowing a loan with us could help. KYTC asks for the public's assistance in locating and reporting potholes through the cabinet's website. But our maintenance crews put a great deal of effort into eliminating potholes as quickly as possible. It is the duty of an individual to act with reasonable care as to not physically injure anyone else.

"mainEntity": [{

Breach of Duty

Bill Patteson, spokesman for the Jefferson County attorneys office, said reasonable time is subjective determined by such factors as the weather and that negligence is decided by the metro Office of Risk Management. When Do You Need a Car Accident Attorney in Louisville, Kentucky? LOUISVILLE, Ky. With the recent winter storms bringing in ice and snow, potholes have become a topic of discussion. However, it is in your best interest to at least explore the possibilities with an attorney before you accept the offer of the insurer. 1900 Kanawha Blvd., E., Rm. Make your claim. The Department of Highways is not involved in this process. Read on to find out how. None of the municipalities researched by USA TODAY offered blanket approvals for the full cost of every claim as the post asserted, however. Contact our Louisville accident attorney team promptly after a car accident so that you have the assistance of an experienced personal injury lawyer while you are determining whether the insurance companys settlement offer is fair. Injuries vary, though some are more common than others. It's easier to file damage claims in some states than in others. If nearing the deadline to file, it is especially important that you speak with one of our Louisville auto accident attorneys as soon as possible to not lose your opportunity to make a claim. } Another example is how an individual could have overloaded or unsafely loaded a vehicle that resulted in an accident. { When one of those potholes didmajor damage to the car of a Kentuckiana driver she asked the WAVE 3 Troubleshooter Department to find out if local government will pay the repair bill. They might not have known about it if it hadnt been reported to them, or because it wasnt spotted by them during their regular checks. Dont rely on your memory - it's best to take some notes. Through our vehicle checks and approved dealer network, AA Cars helps you buy with confidence. The penalties and damages associated with a responsible party in these cases can be severe if the death was caused by negligence and/or recklessness. ", RELATED: Pothole problems: What they are and how to deal with them. For state highways, in 2014, out of 2,650 claims, the state paid only 38, totaling $12,554, according to treasury department records. "I actually had one of our vehicles blow a tire coming down Taylor," said Lacey Skaggs, who lives near Central Avenue. But councils do have a responsibility to fix large potholes if they know about them. Up to 50% off UK attractions with Kids Pass. It can be costly and dangerous to ignore tracking or steering damage. Hitting a pothole or debris with your car can cause hundreds of dollars in damage. Depending on the area you live in, it may be possible to get reimbursement from the county, city, or state that had responsibility for the pothole. If you need assistance in filing out the claim application or if you need a paper copy, contact the Board's office at 502-782-8255. Pothole damage to your vehicle can easily be extended. The system will say how often roads are inspected, how big any road damage needs to be before it's repaired, and how quickly repairs should happen.