If I got into an accident trying to avoid a town plow truck whose plow was taking up 1/4 of my lane, can I pursue the town for damages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I got into an accident trying to avoid a town plow truck whose plow was taking up 1/4 of my lane, can I pursue the town for damages?
This is not a hypothetical question. This happened to me today.
Asked on January 21, 2012 under Accident Law, New Hampshire
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can file a claim with the town's insurance carrier for the damage to your car caused by the snow plow. Your damages would be the cost of repairs to your car. You will need to mitigate (minimize) damages by selecting an auto repair shop whose charges are comparable to other auto repair shops in the area. If you were to select the most expensive auto repair shop you could find, you will have failed to mitigate damages and your damages will be reduced accordingly.
If the case is not settled with the town's insurance carrier, there may be some administrative procedures to follow prior to filing a lawsuit for negligence against the town. If there are preliminary administrative procedures to follow prior to filing your lawsuit, it is very important not to miss any filing deadlines and to comply with the administrative procedures; otherwise, you may lose your right to file a lawsuit against the town.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.