Legal Question in Personal Injury in California
To Whom It May Concern,
I was involved in an accident on 11/23/09 in the town of Sonoma, CA while I was driving down a residential street. While driving under the speed limit (was going 10mph), I observed a sign that stated "dip", and slowed down to approximately 5 miles per hour. After decending into the dip, I was catapulted out and severe damage was down to the underbody of my automobile. Looking back into the "dip", there were hundreds of gauges some many inches deep into the "dip". Note that there is no sign to reduce velocity or advising of potential damage to vehicle. My insurance company assessed the damage as an at-fault collision. After speaking with people within Sonoma, I understand that locals are well aware of this "dip" and knowingly avoid it. It apparently has existed for years and the town has failed to do anything about it.
I am now being assessed collision damage by my insurance company including my deductible, loss of my personal automobile and significant increases in rates due to this.
Id like to investigate the possibility of seeking damages against the town for being knowingly negligent to remove a road hazard.
Kind Regards
Ian Brown
3 Answers from Attorneys
You would have to start by filing a governmental claim which must be done within 6 months of the date of the incident.It is very technical and typically it is difficult for a person unfamiliar with the requirements to do it properly.You would start by going to the city hall and asking for governmental claim form. The code and the sections involved are government code sections 945 et seq If the road is in the county then the claim would be against the county Make sure you properly identify which agency has ownership and responsibilityAn improperly filed claim is fatal. There are other hoops to jump thru to prove your case and to lengthy to discuss here My office # is 916-448-8831
If it is a major street, it might also be designated as a public highway with the county having concurent jurisdiction with the City. Talk to the city traffic engineer to find out if other cars have had the same problem. It will be very diffcult to convince anyone that at a speed of 5 mph you could become air borne.
Take Mr. Nelson up on his generous offer to discuss the matter with you.
I would have to research all the facts before deciding on a course of action. However, I may make a govt claim, and would probably make a claim to insurance, both through an attorney, letting the insurance company know if was not your fault. I have dealt with similar issues, both govt and insurance wanting to deny coverage, and I can help if interested in using my services.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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