City not paying for damage from potholes

[cwp_sedan]

This is pretty annoying! I have seen huge potholes that have not been filled for weeks at a time. Guess everyone better just keep a good eye and try not to hit any...

http://www.citynews.ca/news/news_21289.aspx

Motorists Furious After City Rejects Car Pothole Damage Claim
Wednesday April 2, 2008

As a result of the wildly fluctuating temperatures we've endured lately, the city has been inundated with angry calls about thousands of jarring potholes that seem to appear out of nowhere. They've done their best to keep up with the complaints, and have even vowed to fix any road crater within five days of being made aware of its location. In the process, they've spent millions of dollars trying to make our streets drivable again.

So you would figure that a substantial amount of cash has been forked over to motorists who have damaged their cars when driving over one of the holes. After all, Toronto has always maintained that they would pay for any damages, as long as you could prove the city's negligence was at fault.

Remarkably, however, not a single penny has been paid out during one of the worst pothole seasons in recent memory.

"There has been no payout of any pothole claim in 2008," confirms Jeff Madeley, Manager of Insurance and Risk Management. "The claims are paid in negligence. It has to show the city of Toronto didn't fulfill its duties, its obligations. We're not expected to be perfect. We're expected to be reasonable."

Those who have had to pay for their own repairs don't see anything reasonable about it.

Jenni McKeown blew a tire after driving over a huge pothole on Eglinton at the 427. She filed the paperwork, but was promptly rejected. "I figured I had a legitimate claim," she said. "I was very disappointed. I think I was just very naïve."

Scott Heritage bent a rim after hitting the same pothole. "It was the loudest bang I've ever heard," he recalls. He too was rejected by the city's independent insurance adjustors, McLarens Canada.

"I'm on my own for any damages that were done," he adds. "It's a little upsetting."

McLarens Canada told them they had to prove negligence, which they apparently failed to do. In their letter, the adjustors describe Eglinton Avenue as a class 2 major arterial roadway that is inspected by the city twice a week. They conclude that the appropriate maintenance standards have been met.

[sunnyhomeboy]

hitting one of these bent my front right steelie...and then flat tire...sigh. same thing for 401 too? itz so rought now...and then later on they're gonna pave it...and then less lanes...and then by the time they are done itz like fall...so when do we have good roads? ever? never?

[bluntman]

Wow, this and the upcoming Private Vehicle Tax! Incredible!

[Wild Weasel]

They do have a point though. They're not responsible for all damage caused by potholes. They're responsible for damage caused by potholes that they've known about but haven't fixed for 5 days.

[Cardinal Fang]

McLarens Canada told them they had to prove negligence, which they apparently failed to do.

That burden of proof is staggering for a regular individual let alone an actual lawyer.

[Wild Weasel]

Frankly, if the city had to pay for every car that made a claim for pothole damage, it would go bankrupt. No insurance carrier would take them.

Sadly, it's just one of the aspects of owning a car.

[mEtH]

Well at least this answers everyones questions about getting money from the city for the damage these potholes have caused. No one will ever be able to prove that they did not fix a pothole within 5 days of knowing about it, all you will hear is "We didn't know about it."

People would just make up false claims etc. if the city did pay out to everyone.

[zedtech]

What do they want everyone to do? Pull over and risk getting injured to take a picture of the pothole that hasn't been fixed day after day? The 427 is brutal, same potholes for months! Potholes are fixed within 5 days? What a load of BS!

[sunnyhomeboy]

more like 5 mths ...never 5 days.

[midnightfxgt]

Last year I hit one that was so bad it destroyed the rim, blew out the tire, broke the motor mount and bent the AC bracket.... but of course it wasnt their fault! They claimed it was fixed within 2 weeks, and that is acceptable. If there was snow on the ground, I may not have a car anymore... it almost spun the car out!

-John

[b3GS]

wow.. this is brutal, with all the money we pay in taxes, the least we can expect is to have some potholes filled so that we don't damage our vehicles.

I know it's hard for them to keep on top of, but don't we get hosed enough as is?!?!
Especially when some of these potholes are unavoidable, without getting into a potential accident. It then becomes a public safety concern, does it not?

I also realize our climate sucks ass on asphalt, but come on. Our roads are the worst.

[Wild Weasel]

Just out of curiosity, how many potholes have all of you reported to the city to ensure they're aware of them?

[WLS ZMZM]

I heard about this on the news this morning... thats quite a crock....another nice loophole that they find to protect themselves... there is a pothole on weldrick e/yonge st... heading westbound.... I didn't see it the other day because of the rain and snow melting it looked like a small puddle... but s**t when I hit it... I found it alright.. luckily no damage done to the car..... but within 5 days?? I don't think I've ever seen it done that fast.. that sounds like a miracle turn around time for the government

[theurgy]

I say someone create a "Pothole Tracker" website where people report large problem causing potholes.. and see if they are fixed within 5 days or not.

[whiteomega]

Just out of curiosity, how many potholes have all of you reported to the city to ensure they're aware of them?

i haven't reported any; which means if i hit one, i can't expect the city to pay for it. all's fair that is fair. i just learned to dodge potholes very, very fast.


on this note, who knows the hotline for the York Region to report potholes? :)

[3GFX]

The gentlemen at the end said it perfectly.

They're not expected to be perfect, they're expected to be reasonable.

I think they're slowly making their rounds and getting the major ones filled. I just want the 401 and 427 fixed, city roads aren't as bad because you travelling at a lower speed and have a better chance of avoiding the potholes safely. Be happy, Kitchener-Waterloo region is apparently already over its budget for the entire year due to trying to fix potholes.

[mkfc]

try london.. you're lucky to be where you are

[WLS ZMZM]

I agree Dave.. the 401 & 427 are getting really bad... hit one the other day on the 401 I'm surprised my wheel wasn't bent, I can honestly say the roads in the GTA are getting worse starting to remind me of the roads in Montreal.

[x_o_k_x]

I agree Dave.. the 401 & 427 are getting really bad... hit one the other day on the 401 I'm surprised my wheel wasn't bent, I can honestly say the roads in the GTA are getting worse starting to remind me of the roads in Montreal.

same happend to me, I almost cried. Good thing nothing happend to my rims. Gotta be careful out there next time..

[Candyman]

I agree Dave.. the 401 & 427 are getting really bad... hit one the other day on the 401 I'm surprised my wheel wasn't bent, I can honestly say the roads in the GTA are getting worse starting to remind me of the roads in Montreal.

Driving in Montreal is like going off-roading. Except I don't have a jeep, but a lowered Mazda3. I hate going back now.

These potholes are nothing, Montreal has craters with their own postal code.

[x_o_k_x]

Driving in Montreal is like going off-roading. Except I don't have a jeep, but a lowered Mazda3. I hate going back now.

These potholes are nothing, Montreal has craters with their own postal code.

hahaha lmao nicely said

[WLS ZMZM]

Driving in Montreal is like going off-roading. Except I don't have a jeep, but a lowered Mazda3. I hate going back now.

These potholes are nothing, Montreal has craters with their own postal code.

hahah that is very well put... gotta love driving on the met.... its like you might as well throw mudder tires on the car and jack it 6"

[Optimzer]

Guys, careful on the onramp going QEW / Gardiner WB to 427 North, there's a huge pothole in the right lane. I was on it today with my old school 300CE (at least I used to have a 3!!), and it bent the rim, knocked out the alignment, and who knows what else.

Taking it to the MB guys tomorrow for an official diagnosis.........

[Thrizzl3]

I almost hit some nasty ones on the 401...

[Go_Habs_Go]

Driving in Montreal is like going off-roading. Except I don't have a jeep, but a lowered Mazda3. I hate going back now.

These potholes are nothing, Montreal has craters with their own postal code.

As a Montrealer, I can confirm that this is, sadly, quite true. Montreal neglected their roads for years and we have paid the price for it! Don't drive here in the spring...man when the thaw starts, there are pot holes you could lose your car in. :complain

Sure winter is tough here, but if the streets were better maintained to begin with, we wouldn't get so many potholes come spring time.

But on the bright side, I must admit that the city has finally started to put some money into the roads and that some really neglected streets are finally getting repaved. It's a small start but it's a lot better than it was 3 or 4 years ago...

now you only lose 1 wheel per pothole as opposed to 2 LOL!