Road Hazard

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enedel

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My vehicle was recently stuck on a flooded road that was not marked as being a potential flood hazard. The city is now refusing to compensate me in any way for their negligence. What can I do to get compensated for me vehicle which was delcared a total loss. My insurance company is compensating me for SOME of what my vehicle is worth, but not entirely. Now I am out a vehicle.
 
Governments have sovereign immunity. I don't think they have a "duty" to mark every possible place where a flood may occur
 
How was it negligence on the part of the city?
This is what gap insurance is for. Your insurance company will pay you the fair market value... not necessarily what you owe. Gap insurance will cover that extra amount that you owe on the vehicle that is above the fair market value.
 
Unfortunately, I had never heard of GAP insurance, nor was I OFFERED this insurance from the dealership that I purchased the car from
 
Unfortunately, yes, I did. Had the road been POSTED as a possible flood hazard, I would not have entered it.
 
enedel said:
It was negligent that it was not POSTED as a possible flood hazard.
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I disagree. There seems to be no breach of any duty on the part of the city. Even if you did think you were right, the amount of money it would cost to litigate would easily crush any cost benefit to bringing a suit. I think you are stuck.
 
I have to agree with NY on this one. What makes you think it is the municipality's DUTY to warn you of potential flood hazards? I'm not sure you could even make a good case for the existence of a duty there, much less that they were negligent. Then you would have the problem of contributory negligence. When you saw water amassing on the road you didn't think twice about proceeding through it? I'm sorry for your loss but I think you are stuck.
 
Is there some municipal code that requires your city to post any location that might flood? If not, then what makes you believe they SHOULD post such signs?

If my city posted every intersection or stretch of road that MIGHT flood in a storm, we'd put them in the middle of most every block and on most every corner. Ultimately, you are expected to drive with due regard for the conditions. The city is not required to post signs warning of any and all potential hazards.

- Carl
 
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