MWZafar

I drove into a huge pothole in Manhattan. Now, the oil is leaking + the plastic guards meant to protect the undercarriage were torn off. Is there any good mechanic/body shop I should take the car to?? Should I take it to Zumbach Audi of Manhattan?<p><img src="http://pictureposter.audiworld.com/AudiWorldPics/2000/mwzaudi.jpg" width="711" height="204" align="middle">

RickM

<p>Rick
99.5 1.8TQMS silver/onyx

RickM

MWZafar, you might want to think about seeking compensation from the City for the damage to your car from that pothole. It isn't guaranteed by any means, but it's possible. The law is such that the City is not liable for any kind of property damage or personal injury caused by a street or sidewalk defect unless the City had prior notice of the defect. This rule had the effect of causing many people every year to suffer injuries/property loss without recourse in the courts. So upwards of 20 years ago the lawyers in the NYC plaintiffs' bar got together and mapped the whole damn city, noting every such defect they could find -- thousands of 'em in all 5 boroughs -- and delivered their mammoth report to the City. The courts agreed that this satisfied the "prior notice" requirement. Since then, their "pothole project" has continued to report street and sidewalk defects as they've become known. In your case, you can't be sure that the City had prior notice of the killer pothole you encountered, but there are lawyers out there who make it their business to know (there are fees to be paid for searching the database, etc. -- see the link below, which is part of the NY State Trial Lawyers Association site). If there wasn't prior notice, the City has no liability. But if there was prior notice, and I think that has to be combined with the passage of a "reasonable amount of time" to correct the defect, then the City may be responsible for the damage your car suffered. It sounds like you're looking at a fairly significant repair bill, so you may want to look into this. A lawyer who handles these kinds of cases is usually prepared to do so on a contingent fee basis, with your only cost being for expenses. Also note: If you intend to sue the City, you must give notice of your claim -- which is separate from starting the lawsuit -- within just 90 days of the incident. (General Municipal Law 50-e). Many people assume they have a few years to start a lawsuit under the relevant statute of limitations, which they do, but if you haven't given the 50-e notice within 90 days of the incident, you're outta luck. The notice itself is simple to do. A lawyer can do that for you too. Food for thought.<p>Rick
99.5 1.8TQMS silver/onyx<ul><li><a href="http://www.nystla.org/Pothole/pothole.htm">Big Apple Pothole and Sidewalk Committee Web Site</a></li></ul>

MWZafar

<p><img src="http://pictureposter.audiworld.com/AudiWorldPics/2000/mwzaudi.jpg" width="711" height="204" align="middle">