Dear Mr. XXXX

Notice is herby given that the claim which was received by the City of Glendale on Feb 28, 2005, has been denied by the City Attorney's Office.

In any event, you are herby warned that subject to certain exceptions, you have only six (6) montsh from the date this notice was personally delivered or deposited in the mail to file a court action in this claim. (See Section 945.6 of the Government Code.)

You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately,

Very truly yours,

a stupid ass city attorney...


So, now what do i do? Any chance of getting my money back on my EL42's that were only used for about 3k miles before it was popped on the side wall by the city pot hole on brand blvd?

I know EL42's are crappy ass tires, but I did get a quote from firestone for like..$300+ for one tire and I bought two of my falkens for under $280.

Anyone with any good or real advice? Thanks.

 

I remember reading your original post, but I don't remember all the details. Did it fuck up your rim? Or just blew your tire?

 

CHEAAAPP . potholes are everywhere . cant expect money for something like that

 

My cousin blew her BMW 330's tire when she ran over a pretty deep two feet by two feet pot hole in Los Angeles. With the advice of a lawer she did the following the same day of the incident. Took a picture of the pot hole, filed a police report about the incident, purchased not 1 but 4 new Michelin tires because she was unable to find the same tire used and BMW advised her not to mix/match used and new tires ( she got this in writing from BMW ) and finally sent an extremely detailed letter written very politly to the city with a copy of everything including her AMEX statment indicating all the charges. She had this letter notorized and sent via UPS to the city. In less than one month she received a notice in the mail stating that she had a check waiting to be picked up in some downtown Los Angeles office...sure enough the entire amount billed to her AMEX was refunded. Sorry to hear about your tire issue. Maybe the person who opened your letter didn't think you would take any further action once you were sent the declined notice. If you have the time and some strong evidence, I would tell them that letter is unacceptable. Good luck.

 

I only know of one guy who blew his tire and bent his wheel on a pothole and was re-imbursed by the city. Fortunately for him the pothole was addressed at a town hall meeting so the city knew about it. After his accident he sent the city the bill and they payed it because they knew it was a big problem and they hadn't fixed it yet. I'm not sure, but I believe you have to prove the city knows about the pothole, they acknowledge it's a problem, but have neglected to take action.

 

kinda risky spending all that loot for new tires, if the city didn't pay you would be out a good chunk.

 

Usually, the law is that the city or town had to know of the pot hole (IN WRITING) at least 24 hours before your incident.

After 24 hours of writen notification, they are then responcible.

I only know this from experiance of bending 2 wheels within 1 week of geting them, and getting told, yep, we will take care of the cost, only to get a letter 2 months later, that they had no writen notification on file, so it was my problem.

BTW, the tires did not blow, but the rims bent for sure.

I now fax my city every time I see a bad pot hole so they can pay others for the repairs, which actually happened to someone I know, my fax allowed them to get paid.

Good luck!

 

okay, I did all that...I took pictures of the pot hole from 5 different angles, took a picture of my tire, submitted my estimate from firestone, and that pot hole was there for like two weeks after i popped my tire...

it took about...2 months for my response...now I'm wondering..what should I do...i mean, should i go ask a lawyer, cause seriously, i feel like it was a brand new tire with all the tread still left...even though it was just a crappy EL42, but I don't know if it's worth asking a lawyer if the lawyer might charge me an arm and a leg...


is there any advice?

 

just the side wall of my tire..maybe a scratch on my rim...but nothing major..

 

man, i don't understand...if anyone's been in glendale...glendale's brand blvd is like one of the busiest streets in the city, how could the city NOT have known about this issue...i mean...they went to go fix it a couple weeks after...i mean...i think the only reason they didn't go fix it was because it was rainy season then, because when i popped it...it was sprinkling

 

If u have a luxury car, 4 tires shouldn't be anything to worry about.

Same thing did happen to a friend,I was riding with him. Damn huge pothole. He went home and the next day took pics with his camera. HE then got OEM estimates for the 1 OEM wheel and the tire. OEM is always THE MOST expensive, he got a damn $1200 check for 1 wheel and tire. BOught some damn I-forged 20" a week later.

 

Few weeks ago my tire went over a rock on the road (it was likely due to contruction; the rock was right outside the concrete barrier blocking the shoulder. It was the size of a softball, I later drove back and saw. I just paid out of pocket.

Do you think I would've had any luck? It was a construction area, an onramp with a blind curve right before the rock.

 

NOT TRUE!

Many years ago, before the highway was upgraded, I hit a large rock in the passing lane on a road near my home damaging my car. The median was falling apart, with many large pieces of concrete the size of softballs strewn along the passing lane. I called PENDOT and informed them of the damage requesting compensation. The agent I spoke to was unfamiliar with the road conditions and told me it couldn't be as bad as I described. I told him to check it out for himself. Several weeks later, I received a call from PENDOT informing me that a check was in the mail. Now, the road has finally been repaired after years of public outcry over the dangerous conditions. The moral of the story is if you don't try, you will never know what the policy is in your state regarding damage caused by poor road conditions. All my friends told me I was crazy trying to collect from the state, but I tried and got paid.

 

I had a claim paid by the city for pothole damage to 2 tires and rims. I had to make the claim through my insurance company, and pay my deducts. I did, however, take pics of the holes with a ruler showing the depth. My insurance company filed claim against the city, and a few months later, received a check back for nearly all of my out of pocket expenses.

 

As need4spd said, they have to know about it IN WRITING beforehand. And as for how couldn't they know...when most people see a problem, they are of the mindset that someone else has surely reported the problem. Ultimately, no one reports it as everyone relies on someone else to do it.

 

I would write back to the city attorney stating that, as a result of their refusal to honor your request for reimbursement you are now requesting copies of EVERY road defect incident report and road repair request filed with the city over the 4 weeks prior to your incident for use in potential litigation.

As a city service they may even be required to release this info under the freedom of information act, but either way they may pay as it would cost less than sifting through all the data.