Notice To Government Agency

After I wrote my blog yesterday on “Pothole Accidents: A Michigan Tradition,” I discussed the problem with attorney George Burke in my office.  George advised me that he had just resolved a claim against the City of Southfield for damage that a pothole caused to his beloved Mini Cooper a few weeks back.  The pothole damaged the rim and tire and they required replacement.  “It was easy,” he said.  “Here is what you need to do to file your claim and get paid.”

If you follow George’s instructions, you should have a good shot and being paid for your car damage by the governmental agency responsible for the damage to your car from the pothole.

1.  Take photographs of the pothole and the damage to your vehicle

2.  Get a written estimate for the damage to your car

3.  Get the names and addresses of any witnesses, including passengers in your car

4.  Figure out which government agency was responsible for the maintenance of the street, road, or highway.  These can get confusing because some roadways are under the control of the county, while others are under the control of the city or state.  Quite often, you can just call the county road commission, tell them where the accident happened, and they will tell you who was responsible for the roadway.

5.  Send a letter by certified mail within 90 days of the incident to the proper governmental agency.  If you have not figured out who controls the road, I would suggest sending the same letter to every possible agency.  Under Michigan law, you must send this letter within 90 days or your claim will be barred so cover yourself by sending to all possibilities.  The letter must include the date of the accident, location of the accident, a description of the road defect (like a pothole), and an explanation of the damage to the vehicle and injury to the occupant. 

I have attached a sample letter as a guideline for you. Just click on the link at the top of the pate

6.  Also submit a claim to your insurance company.

Like George, you will probably hear from someone on behalf of the government agency.  Quite often, it is an insurance adjuster for the city or someone in the risk management department.  They will want to see your photographs, a copy of your car insurance policy with the deductible listed on it, and your repair estimate.  George followed these steps and was reimbursed quickly.  The same should work for you.

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