A $300 plus POT HOLE! I think I "won". Update#66

[golfgal]

Because I have nothing better to do that deliberately hit pot holes and waste my afternoon. The car in front of me obscured the pot hole and there was on coming traffic going the other way, so I couldn't turn out suddenly into their path.

Then you were driving too fast in the parking lot. If you couldn't have stopped in time to hit this pothole, you were driving too fast and too close to the car in front of you, especially knowing that the parking lot was in bad shape to start with.

 

[jrmasm]

It's interesting how differently people think. Had that happened to me, I would have thought crap, what bad luck! But if I tripped walking down the sidewalk, I wouldn't sue the homeowner for my broken ankle.

So for future reference, who is responsible when I hit a pothole in a street?

 

[DawnCt1]

I don't think emailing the businesses in the mall was a proper thing to do. And telling the property management company that you'll rescind the emails AFTER they make you whole seems a little blackmailish to me. You should have just cc'd all the higher ups at the property management company instead of the leasees. Why did you need to involve them?

I did take it to the "higher up" at the management company and now it is bumped up to the comptroller. The conversation I had with the "higher up" was that they would not honor my complaint. The property that businesses are situated on reflects badly on that business. They should know. Why on earth would I rescind emails before the issue has been resolved? When I fax my repairs and we agree on compensation, then I can inform them that my situation has been resolved to my satisfaction.

 

[DawnCt1]

Then you were driving too fast in the parking lot. If you couldn't have stopped in time to hit this pothole, you were driving too fast and too close to the car in front of you, especially knowing that the parking lot was in bad shape to start with.

I wasn't driving 'too fast', a car was behind me and no, I didn't know that the parking lot was in bad shape to start with. I know you are all disappointed that I simply didn't suck up the $300 plus tire, but I didn't, and I won't if I don't have to. If this were February or March, a parking lot through way may have had an excuse. We have had no deep freezes and no significant snow. There is no excuse for the condition of this area.

 

[DawnCt1]

It's interesting how differently people think. Had that happened to me, I would have thought crap, what bad luck! But if I tripped walking down the sidewalk, I wouldn't sue the homeowner for my broken ankle.

So for future reference, who is responsible when I hit a pothole in a street?

Unfortunately, you may not have a choice. Most medical insurances subrogate and ask very specifically if someone else could be at fault for your broken ankle and where it happened. You would have to lie to your insurance company and tell them you did it at home because they will then sue for you.

 

[declansdad]

I'm curious how you plan to rescind the emails?

 

[golfgal]

I wasn't driving 'too fast', a car was behind me and no, I didn't know that the parking lot was in bad shape to start with. I know you are all disappointed that I simply didn't suck up the $300 plus tire, but I didn't, and I won't if I don't have to. If this were February or March, a parking lot through way may have had an excuse. We have had no deep freezes and no significant snow. There is no excuse for the condition of this area.

If you couldn't safely stop to avoid a potentially dangerous/damaging situation you were driving TOO FAST FOR THE CONDITIONS. It is no different then being in a winter storm and driving on ice and sliding and hitting a tree. Your insurance company will say you were driving too fast for the conditions, even if you were only driving 1 MPH.

10 MPH is too fast in ANY parking lot in my opinion--cars pulling out of parking spots, kids dashing between cars, etc.

 

[DawnCt1]

I'm curious how you plan to rescind the emails?

I have already prepared the draft to be sent to the recipients; Name changed to protect the guilty.

To Whom it may concern.

This is to inform you that the dispute that I had with XYZ Services, regarding my tire loss of Dec. 10, 2009, has been resolved promptly and completely to my satisfaction. Upon receipt of the photos of the pot holes, of which they were unaware, they contacted me to arrange for reimbursement for my loss of the tire and have assured me that they are working quickly to fill in the pot holes that exist on the property.

 

[ogreenlee]

OH NO! Yer tire's all flat and junk. Did I do that?

Here, let me get my cellular out, call you a wrecker. Oh shoot, I got no phone.

Cuz I'm a pothole. Ok, thanks bye!

 

[shrubber]

Low profile tires are inherently more susceptible to sidewall damage from potholes and curbs, simply because they have less sidewall to absorb any sort of impact.
Your story is akin to a lady breaking a tall heel off of her shoe in a crack where people with Keds get by just fine.

 

[DawnCt1]

If you couldn't safely stop to avoid a potentially dangerous/damaging situation you were driving TOO FAST FOR THE CONDITIONS. It is no different then being in a winter storm and driving on ice and sliding and hitting a tree. Your insurance company will say you were driving too fast for the conditions, even if you were only driving 1 MPH.

10 MPH is too fast in ANY parking lot in my opinion--cars pulling out of parking spots, kids dashing between cars, etc.

That is not the situation in this parking lot. This is the road that passes through the areas where the cars are parked and that area is separated by landscaping, curbs, etc. This road carries two way traffic in both directions and is established to take cars from one end of the shopping center to the other. Then drivers turn left or right and enter the actual parking area and park their cars. There are no stopped cars in this area and no place to pull over to the side without disrupting traffic.

 

[DawnCt1]

Low profile tires are inherently more susceptible to sidewall damage from potholes and curbs, simply because they have less sidewall to absorb any sort of impact.
Your story is akin to a lady breaking a tall heel off of her shoe in a crack where people with Keds get by just fine.

That could be. They are low profile tires.

 

[kellyg403]

While I agree that if you own the strip mall you should be in a position to fix things like pot holes but I am not so sure that I would have cc'd the people renting in the strip mall. What are they going to do? As a person who works in a leased part of a strip mall, from experience I can tell you even we have problems getting them to come out and fix things. So, really I am at a loss there. Really didn't help or hinder the situation but really not worthwhile either.

I also agree that those low profile tires don't hold up really well and there is a certain amount of responsibility when getting a vehicle that has them or buying them for your vehicle. You understand what you are getting when you get them!

So, I am glad that you got it resolved and hopefully will get the pothole fixed for other drivers, I honestly don't feel you should be compensated fully..or the whole 300.00 for the tire. Since you are having it replaced with another low profile tire that you know is not as sturdy for the sake of them 'matching' since it is a new car, you take a certain amount of responsibility. So, in the future, with the knowledge these types of tires are what you want for your vehicle I would expect that you would say hey, your parking lot needs attention, my tire needs to be replaced etc how about 1/2 of the repair to make it good since we all have responsibility.

Kelly

 

[allison443]

It will be interesting to see what they meant when they said they would "work with you". They may not be expecting a $300 bill for the tire. I would be prepared for a compromise offer. They might also take into account that you didn't see this big pothole before you drove into it. You might be considered to be following too closely if the car in front of you was covering the pothole as you approached, just think if the car in front of you had seen the pothole and stopped suddenly to avoid it, would you have hit him in the rear? That's considered following too closely.

In the state where I work, the property owner is only liable for damages caused by defects on their property if they had prior notice that the pothole was there, and an a reasonable time frame to fix it, and they didn't do so. You said in the draft of your proposed email that they told you they didn't know of this pothole. You also posted that you didn't know the pothole was there before that day. If your state is the same as mine, they could use that argument to deny your payment.

Also, if you are dealing with the company directly, they may have a certain limit they will pay themselves before they kick the claim to their insurer. You might be better off resolving it directly with the company, if possible, even if you have to settle for less than the full $300. JMO.

Good luck.

 

[jrmasm]

Unfortunately, you may not have a choice. Most medical insurances subrogate and ask very specifically if someone else could be at fault for your broken ankle and where it happened. You would have to lie to your insurance company and tell them you did it at home because they will then sue for you.

No necessarily. Those forms ask if someone else was responsible. I'd reply "no, since I wasn't looking where I was going." And don't bother telling me I'm wrong. I have a teenager that plays a contact sport. I see those forms on a regular basis.

So who would you have gone after if you hit a pothole in a street?

 

[DawnCt1]

No necessarily. Those forms ask if someone else was responsible. I'd reply "no, since I wasn't looking where I was going." And don't bother telling me I'm wrong. I have a teenager that plays a contact sport. I see those forms on a regular basis.

So who would you have gone after if you hit a pothole in a street?

If the town has been notified of the existence of a pot hole and has continued to neglect it, the town is responsible. Good luck collecting from a municipality however. My BIL has been successful collecting from the State of Ct. when there was a pot hole on Rte 91.

 

[jen0610]

If you couldn't safely stop to avoid a potentially dangerous/damaging situation you were driving TOO FAST FOR THE CONDITIONS. It is no different then being in a winter storm and driving on ice and sliding and hitting a tree. Your insurance company will say you were driving too fast for the conditions, even if you were only driving 1 MPH.

10 MPH is too fast in ANY parking lot in my opinion--cars pulling out of parking spots, kids dashing between cars, etc.

Our mall has posted speed limit signs of 15 miles per hour on the roads leading into their property. The road that circles the mall, very easily most travel at a higher rate of speed, but most drive slower up and down the parking lanes.

 

[phorsenuf]

I wonder what Judge Judy would say.

 

[allison443]

Our mall has posted speed limit signs of 15 miles per hour on the roads leading into their property. The road that circles the mall, very easily most travel at a higher rate of speed, but most drive slower up and down the parking lanes.

To me, I don't think OP's speed was really an issue on the road she described. I think the issue would be following the other vehicle so closely that she could not see this big pothole as it was covered by the other vehicle as she approached it. That doesn't sound like there was sufficient space between her car and the car ahead of her.

 

[JessicaR]

Come on people, I know many of you don't *like* Dawn, but give it a break!

Blackmail? Gold plated $300 tires? Why didn't she avoid it?

I am happy to see a consumer standing up and having a corp. do the right thing... we should all do it instead of letting their "policies" stand when their negligence causes damage to our property.

Yep! I agree. The initial response from the man that told her too bad, pound salt would have evoked a similar reaction from me too. I'm tired of dealing with people like that. Its obvious that they don't encounter people like Dawn that will take them to task. If others did they would surely change their ways.