It is common practice to file a claim with the local city, town or county instead of suing someone in court when a car sustains damages from driving over potholes. About.com recommends researching information about the road commission that handles streets in the area of the pothole. Drivers can then seek reimbursement from the municipality.Continue Reading
About.com recommends that car owners take photographs of the damage. In addition, it recommends keeping a record detailing when the accident happened and getting two estimates from car repair shops. About.com further notes that a state may require the driver to prove that the municipality knew about the pothole before the accident happened and did not take steps to repair it.
Time magazine reports that car owners who file claims should expect resistance when seeking monetary damages for pothole claims. According to Time, cities have a reputation for rejecting a majority of these claims. For example, a local TV station in Colorado Springs reported that the city rejected 98 percent of pothole claims. When claims are paid, the damage is usually very serious.
About.com relates that pothole claims can be filed with an insurance company. Insurers treat these "at-fault" claims similar to collisions, and it may or may not be financially worthwhile to file with an insurer.Learn more about Law
A default judgment in small claims court is a money judgment that the court enters against a defendant who fails to defend against a claim brought against him, according to the Civil Law Self-Help Center in Las Vegas, Nevada. This typically involves the defendant failing to appear at the court hearing or failing to answer the written summons and complaint.Full Answer >
To initiate an action to quiet title, you need to file a complaint with the court, as well as a notice of pendency action, that describes how your title was obtained and the facts supporting your claim, explains Legal Match. Also name adverse claims to the title that you're claiming.Full Answer >
A small claims attorney is someone who helps a person recover money from damages from problems like damage to property, disputes and small car wrecks, and the money sought is usually between $2,500 and $5,000, reports Lawyers.com. However, small claims courts in some states do not even allow lawyers to be present, so it is important to check with state laws before hiring an attorney for representation. Some of these states include Nebraska and California.Full Answer >
When filing lawsuits in small claims court for damage to their property, people should compile as much evidence as possible that the accused caused it, reports Nolo. They should estimate the value of the damaged property aggressively but not demand an exorbitant sum. However, sometimes if the property damage is malicious, courts also award extra for emotional distress or punitive damages.Full Answer >