Tire and Wheel Claims with City

Jul 3rd, 2020 1:10 am

#1

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 3rd, 2020 1:10 am

Submitted a claim with the city today because a pothole managed to dent 2 wheels and also rip the sidewall of both my tires.

Quick question since this is my first time doing a claim with the city. Should I be getting an estimate from a repair shop/stealership first, and then submit it to the city? Or make the repairs then submit the bill in?

Much thanks!

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Jul 3rd, 2020 9:29 am

#2

booblehead: Deal Expert; Jul 30, 2007; 30441 posts; 16606 upvotes; Toronto

Jul 3rd, 2020 9:29 am

make the repairs and then submit. after all, the whole process of this claim can take months and months to get a hear back.

+3

Jul 3rd, 2020 10:32 am

#3

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 3rd, 2020 10:32 am

booblehead wrote: ↑ make the repairs and then submit. after all, the whole process of this claim can take months and months to get a hear back.

Thank you!

Jul 3rd, 2020 12:28 pm

#4

peteryorkuca: Deal Fanatic; Jul 26, 2007; 5975 posts; 3456 upvotes; Toronto

Jul 3rd, 2020 12:28 pm

I am curious to see what the reply from city will be when it's budget is in negatives and will continue to be negative for coming years. Will they admit fault but say sorry no money or simply not take any responsibility.

Jul 3rd, 2020 4:06 pm

#5

Kasakato: Deal Expert; Mar 25, 2005; 22041 posts; 2880 upvotes

Jul 3rd, 2020 4:06 pm

peteryorkuca wrote: ↑ I am curious to see what the reply from city will be when it's budget is in negatives and will continue to be negative for coming years. Will they admit fault but say sorry no money or simply not take any responsibility.

The city's insurance will pay out claims. The fact they are broke does not change their liability.

Jul 3rd, 2020 6:34 pm

#6

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 3rd, 2020 6:34 pm

peteryorkuca wrote: ↑ I am curious to see what the reply from city will be when it's budget is in negatives and will continue to be negative for coming years. Will they admit fault but say sorry no money or simply not take any responsibility.

Will update when i hear back. lol, i drove past the area today again and they had crews filling up the hole.

Jul 3rd, 2020 10:20 pm

#7

Chickennbeans: Deal Addict; Jan 12, 2017; 1442 posts; 746 upvotes

Jul 3rd, 2020 10:20 pm

The City's insurer regularly denies and claims they did their minimum maintenance. Don't forget you have 2 years for small claims court. Get pictures of the road on the date of, and a few days later.

peteryorkuca wrote: ↑ I am curious to see what the reply from city will be when it's budget is in negatives and will continue to be negative for coming years. Will they admit fault but say sorry no money or simply not take any responsibility.

+1

Jul 4th, 2020 1:18 pm

#8

oldyellr: Member; Sep 7, 2007; 278 posts; 132 upvotes; Woodstock

Jul 4th, 2020 1:18 pm

secretalcoholic wrote: ↑ Will update when i hear back. lol, i drove past the area today again and they had crews filling up the hole.

Hope you got a picture of the pot hole and at least a picture of them fixing it. The fact that they're fixing it proves it was dangerous.

+1

Jul 8th, 2020 12:36 pm

#9

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 8th, 2020 12:36 pm

Update: City is claiming that a contractor caused this so I have to deal with the contractor directly now.

Jul 8th, 2020 3:24 pm

#10

booblehead: Deal Expert; Jul 30, 2007; 30441 posts; 16606 upvotes; Toronto

Jul 8th, 2020 3:24 pm

secretalcoholic wrote: ↑ Update: City is claiming that a contractor caused this so I have to deal with the contractor directly now.

wow. that's passing the buck. The roads are owned and maintained by the city, the city is really the one who is responsible for it and they are the one that should go after the contractor as they were the one who did the damage to the road. Looks to me your chance of getting anything reimbursed has just gotten less promising.

+1

Jul 8th, 2020 4:37 pm

#11

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 8th, 2020 4:37 pm

booblehead wrote: ↑ wow. that's passing the buck. The roads are owned and maintained by the city, the city is really the one who is responsible for it and they are the one that should go after the contractor as they were the one who did the damage to the road. Looks to me your chance of getting anything reimbursed has just gotten less promising.

Yeah...its BS. The city is claiming that the contractor signed a contract with the City that included a clause of dealing with any damage claims. We'll see what the contractor says.

Jul 8th, 2020 7:15 pm

#12

booblehead: Deal Expert; Jul 30, 2007; 30441 posts; 16606 upvotes; Toronto

Jul 8th, 2020 7:15 pm

Your other possible recourse is to file small claims court. If you win, you can file a claim against the city with a legal judgement

+1

Jul 17th, 2020 2:18 am

#13

Jimbobs: Deal Fanatic; Nov 1, 2006; 8451 posts; 2229 upvotes; Toronto

Jul 17th, 2020 2:18 am

secretalcoholic wrote: ↑ Update: City is claiming that a contractor caused this so I have to deal with the contractor directly now.

That happened to me as well. I went ahead and filed a small claim against the contractor and the City. The City pushed the contractor to pay up to get it off their books.

+1

Jul 17th, 2020 12:44 pm

#14

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 17th, 2020 12:44 pm

Jimbobs wrote: ↑ That happened to me as well. I went ahead and filed a small claim against the contractor and the City. The City pushed the contractor to pay up to get it off their books.

Thanks!! good to know, did they settle before court or you actually had to go through the entire court motion?

Jul 17th, 2020 1:05 pm

#15

Jimbobs: Deal Fanatic; Nov 1, 2006; 8451 posts; 2229 upvotes; Toronto

Jul 17th, 2020 1:05 pm

secretalcoholic wrote: ↑ Thanks!! good to know, did they settle before court or you actually had to go through the entire court motion?

The full story: damage was caused by huge pothole created by City contractor. City insurer denied claim. When I followed up, the insurer told me it was the contractor's responsibility as they indemnify the City as part of the contract. So, I went after the contractor, Furfari, who ignored me for months. Even when I did manage to talk to them, they promised to send out a cheque for the amount claimed but never did so. Eventually, I filed the claim at Small Claims Court naming the contractor and the City. Immediately (within days) somebody from the City called me and told me the contractor would issue a cheque immediately to settle the claim. The contractor, who was suddenly available to discuss the matter, acted like I was being unreasonable in going to Small Claims Court and involving the City. However, the cheque would be ready for me to pick up at their offices immediately. Immediately after that, the City started calling me to close the claim which I promised to do after the cheque cleared. They clearly thought that was unreasonable. Anyway, the cheque cleared and I withdrew the claim.

+2

Jul 17th, 2020 1:08 pm

#16

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 17th, 2020 1:08 pm

Jimbobs wrote: ↑ The full story: damage was caused by huge pothole created by City contractor. City insurer denied claim. When I followed up, the insurer told me it was the contractor's responsibility as they indemnify the City as part of the contract. So, I went after the contractor, Furfari, who ignored me for months. Even when I did manage to talk to them, they promised to send out a cheque for the amount claimed but never did so. Eventually, I filed the claim at Small Claims Court naming the contractor and the City. Immediately (within days) somebody from the City called me and told me the contractor would issue a cheque immediately to settle the claim. The contractor, who was suddenly available to discuss the matter, acted like I was being unreasonable in going to Small Claims Court and involving the City. However, the cheque would be ready for me to pick up at their offices immediately. Immediately after that, the City started calling me to close the claim which I promised to do after the cheque cleared. They clearly thought that was unreasonable. Anyway, the cheque cleared and I withdrew the claim.

Very helpful, thanks

+1

Jul 17th, 2020 2:28 pm

#17

Jimbobs: Deal Fanatic; Nov 1, 2006; 8451 posts; 2229 upvotes; Toronto

Jul 17th, 2020 2:28 pm

secretalcoholic wrote: ↑ Very helpful, thanks

Just re-read my post and noticed all the "immediately's" in it.

The whole affair took many months and maybe even close to two years but it did move quickly after the Small Claims filing.

+1

Jul 27th, 2020 1:43 pm

#18

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 27th, 2020 1:43 pm

Jimbobs wrote: ↑ Just re-read my post and noticed all the "immediately's" in it.

The whole affair took many months and maybe even close to two years but it did move quickly after the Small Claims filing.

Looks like they're doing the same thing to me, gone complete MIA.

So I'll probably be going down the small claims route as well.

Jul 27th, 2020 2:12 pm

#19

peteryorkuca: Deal Fanatic; Jul 26, 2007; 5975 posts; 3456 upvotes; Toronto

Jul 27th, 2020 2:12 pm

How much does it cost to file $1000 suit with small claims? And did you add the court cost to the claim?

Jul 27th, 2020 2:38 pm

#20

secretalcoholic [OP]: Deal Addict; Jul 26, 2018; 1747 posts; 2766 upvotes; Canada, eh?

Jul 27th, 2020 2:38 pm

peteryorkuca wrote: ↑ How much does it cost to file $1000 suit with small claims? And did you add the court cost to the claim?

$102 if you're an infrequent filer in ON. If you file a lot of claims the cost goes up.

The judge will add the court costs and any other associated fees to the claim amount typically.