Imagine driving down a busy New York street when suddenly, a city garbage truck malfunctions, damaging your car. This scenario, while uncommon, can leave you feeling frustrated and unsure about your next steps. Taking legal action against the city may also be something you would prefer to avoid. Let us explore your options and the factors that could influence your case.
Can you hold the city responsible for your car damage?
When a city-owned vehicle causes damage to your property, you may have grounds for a claim against the municipality. In New York, the doctrine of sovereign immunity typically protects government entities from lawsuits. However, exceptions exist under the New York Court of Claims Act, which allows citizens to sue the state or city under certain circumstances. To pursue a claim against the city for garbage truck damage, you must prove the following:
- The garbage truck driver was negligent
- The negligence directly caused the damage to your car
- You suffered measurable losses as a result
It is crucial to gather evidence, including photos of the damage, witness statements, and police reports, to support your claim.
What steps should you take after the incident?
If a garbage truck damages your car, take these immediate actions:
- Ensure your safety and the safety of others
- Call the police to file a report
- Document the scene with photos and videos
- Collect contact information from witnesses
- Note the truck’s identification number and driver details
- Report the incident to your insurance company
- File a notice of claim of the incident
Remember, New York law requires you to file a notice of claim within 90 days (about three months) of the incident. Taking too long to file your claim may result in the dismissal of your case.
How can legal guidance benefit your case?
Dealing with city bureaucracy and complex legal procedures can make you think twice about pursuing. However, with an experienced attorney, you can assess the strength of your claim throughout the legal process. You can meet crucial deadlines and build a compelling case to seek fair compensation for your damages.