Damaged wheel from city road - any suggestion?

[Skrilla]

Just wondering if anyone has every run into this before...

On Saturday I was turning into a parking lot when I got half way through the turn on the inside of the road where the lip meets the curb there was a giant hole...long story short I hit it hard, as there was a car in the other lane I could not swerve, and could not stop fast enough.

So the road turns out to belong to a group of investors who own the business park of the area this happened. I had taken a picture of the damage, as well as the hole (which you can clearly see has part of my wheel color on it as my wheels are green) I called the city and their claims department told me to call them and proceed as I would with the city.

So after dealing with one of the investors back and forth through email, giving him a quote to replace the wheel/tire etc, he basically told me to bad, and I would have to fight his insurance company and I don't have enough proof (I can show the email of this response if wanted) and also told me the city would never pay out for damage either. And I would lose anyways.

Now the road was not marked or area around the hole marked off with paint/tape or anything. However on the Monday following the incident, there was a road crew fixing the damaged road (have picture of proof for this as well.

I can not order just one wheel as they are special order, so I was hoping to at least get a little compensation to help me buy either another set, IF the wheel can not be fixed (still in talks with wheel repair shop)

Is this worth pursuing? Has anyone ever had a situation like this? I know its not a lot of money, around $2500, but anything would have helped.

Quick Summary: Damaged wheel on investor owned public road, have proof, got told to stuff it. Do I have a leg to stand on?

[killramos]

You drive into pothole. Ruin wheel.

Ask owner of pothole for compensation.

Owner tells you to pound sand.

You admit your evidence is circumstantial.

From here the only option I see is make an insurance claim, collision as its your fault for hitting the pot hole. If they want to go after the owner of the road, which they won't because that is a complete dead end, that's their call.

[CanmoreOrLess]

Take the company to small claims court, don't take legal advice from someone who is to gain from you dropping the whole thing. The investor was stringing you along, just so he could tell you to pound sand after claiming to consider your position. The fact the hole was covered up right after you brought it up shows they did indeed see it as an unsafe situation.

You have documents showing the damage, emails, and their road repairs after you made some noise.

[project240]

I had a similar situation happen years ago in Regina. Was driving a beater, hit a huge pothole on a main road and broke the front control arm (think that's what it was), front passenger wheel was completely sideways and tore through the fender. It was a long process, but I continued to pursue it (had a bunch of photos, etc) and eventually the city paid for it.

[austic]

I bent a rim when they were working on the Stony off ramps. Giant section of pavement missing and they didn't have any signs out. City told me to pound sand in a nice letter from their claims department. Might have better luck with a private company that cares if you take them to court or not.