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Who’s to Blame When The Street Bites Your Car?

January 18, 2006 by Jonathan Stein

It is amazing. You were driving down your street, minding your own business. You weren’t bothering anyone, especially not the asphalt. Then, out of nowhere, the street jumps up and hits your car. (Okay, more likely there was a pothole and your car went DOWN into the pothole. But that is not nearly as much fun!)

Who is to blame when this happens? It is usually a case where you will get blamed for the damage. Generally, you have an obligation to see what is on the road and avoid it. If it is a pothole, a kid, or a flying saucer. If you hit it, it is usually your fault. Trust me, your insurance company will blame you!

But, there are exceptions. What if the city was doing work, created the hole and did not cover it or provide notice of it? Then, they may be at fault. What if a care in front of you (or more likely a truck) dropped something heavy that hit and caused the hole? Then, they may be at fault. What if it is the 4th of July and some moron throws out a firecracker that explodes as you drive past it? Then, it is probably that person’s fault.

Remember, start with the general rule that you are at fault if you hit something. Then, see if there is a reason that someone else is to blame. Maybe someone did something that should make them at fault. This is the best way to analyze whether you have a potential case against someone when the road bites your car!

Categories: Auto Insurance, Claims, Law

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