Automotive

Potholes Damage, Claim to the City

  • Last Updated:
  • Jul 17th, 2018 3:18 pm
[OP]
Member
Oct 7, 2017
224 posts
393 upvotes

Potholes Damage, Claim to the City

Hello Everyone,

My wife had an experience of hitting a pothole in the City of Toronto, Wilson and Transit intersection on Jan 12, 2018. Had a flat tire and a bent rim, a bunch of lights have come on on the dash panel, vehicle stability assist, engine light, steering wheel barely turns and the last but not least I think due to the hit my Kids CDs got stuck in the CD player(radio keeps trying to eject them, but not working).

Along with my wife's car, there were another 12 cars, including several tow trucks having similar damage from the same pothole. We called 311 and reported the problem. The funny part is that the city was there a day prior trying to fix that pothole and several times earlier last month. All drivers have shared contact information, pictures, police file # and etc. Long story short, please share your experiences and advice on how you submitted your claims and fought city's push back.

Any help will be greatly appreciated. Thank you.
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Last edited by Pupsik27 on Jan 15th, 2018 7:59 pm, edited 1 time in total.
13 replies
Deal Expert
User avatar
Jul 30, 2007
28893 posts
14446 upvotes
Toronto
The city was fixing a watermain break a week ago prior to your incident and they simply patched the holes roughly.

I drive by there every day and have to be careful right at that area.
[OP]
Member
Oct 7, 2017
224 posts
393 upvotes
That's right they did, several times, I drive there everyday too and to be honest I think either there was negligence involved or extreme weather conditions affected the situation. I'll attach a picture of the patch 12 hours after their repair.
Deal Guru
Jun 11, 2005
13130 posts
1964 upvotes
Toronto
If the city doesn’t cover it, would insurance?? I’m guessing it would be considered an at fault accident? The mafia should cover it though. Sorry I meant the city.
Deal Fanatic
Feb 14, 2006
9666 posts
1048 upvotes
I made a claim November 2017 for a man-made pothole (ie. a cut and patch) and was successful getting reimbursement from the responsible party just this week. Took around 2 months.

I submitted pictures, dashcam footage, and pictures of my bent rim and blown tire.

Hopefully that offers some encouragement to submit your claim to the City. Not all is lost.
Deal Addict
Jan 12, 2017
1294 posts
636 upvotes
Just make sure to document everything. When I made a claim a few years ago, their contracted insurance company McLaren would continually stall to try to hit the two year liability limit.
Deal Addict
Sep 21, 2011
1792 posts
505 upvotes
I feel for you op pot holes are bad, no plowing either markham road had like sbow everywhere today like it wasnt even plowed or salted . They got to get that police budget down lol a billion dollars a year come on there's no money for anything else lol.
Newbie
Jun 8, 2008
7 posts
4 upvotes
Hit a big pothole last Thursday on Bathurst and St Clair. $1300 in repairs already paid. filed my claim today but based on old articles the denials have been high in the past. Provided dashcam footage and pictures.

https://imgur.com/a/tnFMr
Deal Expert
User avatar
Jul 30, 2007
28893 posts
14446 upvotes
Toronto
The pothole (Wilson and transit) has now been patched with asphalt (not in perfect form)
Deal Fanatic
Sep 13, 2007
9864 posts
4789 upvotes
sbfan wrote: Hit a big pothole last Thursday on Bathurst and St Clair. $1300 in repairs already paid. filed my claim today but based on old articles the denials have been high in the past. Provided dashcam footage and pictures.

https://imgur.com/a/tnFMr
On Bathurst?

There's that big dip/bump on Bathrust and St clair heading north, that's behind there for years now..
Telus $45 25GB
Newbie
Jun 30, 2009
52 posts
11 upvotes
My advice is for you to check whatever settlement or numbers they give you, and ask them to "show the math", because there were a number of miscalculations in my case which resulted in ~48% difference between my initial settlement and final settlement. This includes asking them to provide their rates of depreciation.
It might be a good idea to get a repair/alignment estimate from a shop as well - try to make sure you keep all your invoices (scan them and save them to your computer).

Some areas you'll want to focus on:
• What cost base are they using for the depreciation? If you bought identical or very similar replacements, replacement cost may be acceptable - but if your replacements are cheaper/different, then insist on using the original cost base (provided you have the invoices)
• Check to make sure they did not apply HST on the depreciated value - they should pay the FULL HST amount (on the full 100% value of your items) per their policy
• Check to make sure they pay you the right OST (which has changed over the years) - for example, if you bought your tires in 2014, then they should reimburse you at that rate, rather than the 2018 rate (which is much lower)
• If you don't have invoices to prove the date of purchase/age of items, expect 50% depreciation to be applied to both
• Unless all 4 wheels/tires were damaged, they will only pay for the damaged item (even if the one damaged wheel/tire creates the need to replace all 4 wheels/tires to preserve consistent traction/handling characteristics per MTO guidelines)

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