Pothole Injury Claims In New Jersey
New Jersey is a wonderful place to live. We’ve got it all. The Garden State is famous for many things. Diners, the beautiful shore points …and potholes! Potholes can cause significant injuries. Here we take a look at pothole injury claims in New Jersey.
Driving over potholes can cause vehicle damage. Stepping into a pothole can lead to broken bones, or worse. But, people in New Jersey can file a claim.
File A Pothole Claim In New Jersey
New Jersey allows people with pothole-related damage and injury to file a claim. But, not everyone that files a claim will get reimbursed. Here is useful guidance and information if you have a pothole injury.
Where is the Pothole?
First, you need to record the pothole location. Is it on a toll road? State or county road? Knowing precise coordinates, crossroads and nearby buildings are necessary. Once you have determined where the pothole is, you can figure out who is responsible.
Determine The Entity Responsible
Different government entities are responsible for different roads and highways. Reporting the damage to the proper entity is important. For example, report potholes on the Turnpike using the NJ Turnpike website. But, potholes on state-owned highways use a form on nj.gov. County or local road potholes are reported to the municipality or county.
Notice of Claim
People have 90 days to file a claim. If car damage is due to a pothole, the registered owner of the automobile must file a Notice of Claim. Claims must be filed within a 90-day window from the date of the damage. DO NOT miss this window!
The same is true for people with pothole injuries. Pedestrians have 90 days to file their pothole injury claims. Once that window has passed, the claim will be rejected.
Information Needed For New Jersey Pothole Damage Claims
New Jersey pothole damage claims must include:
repair cost with attached receipt of payment
location of pothole
police report, if available and filed
a copy of auto policy’s Declaration page
photos of the pothole, if available
NorthJersey.com put together this informative article to help people with their pothole claims. Here, you can find specific links and places to contact to file a pothole injury claim on your own. Of course, it never hurts to talk to a lawyer about your situation.
Woman Wins Pothole Injury Case
A woman in Hoboken, New Jersey filed a claim against the city. Eileen Martinez was injured by a New Jersey pothole. As she crossed the street, she stepped into a pothole and injured her foot. She had to miss school due to the incident. But, she filed her pothole injury claims using the city’s online form.
City Denies Pothole Injury Claims
Eileen filed a pothole injury claim the same day as her injury. Hoboken has a 311 online reporting system. Her claim was confirmed as received. Yet, the city never contacted her. After some research, she found her claim was denied due to a technical disqualification.
After learning this, Eileen spoke to a lawyer. Her lawyer appealed the decision. The case went before the Superior Court. The court found Eileen was eligible for compensation because she had filed the claim within the 90-day period.
Eileen could have given up. It’s possible other lawyers told her there was no way to win her case. But, this example proves it helps to talk to an attorney. Don’t just talk to one lawyer, talk to several. Most lawyers will give you a free consultation to discuss your case.
New Jersey Personal Injury Lawyer
If you were injured due to a pothole, contact a personal injury attorney for advice and guidance. Get a free consultation with one of our experienced injury lawyers.
Kane & Silverman will help you through the legal process. We are knowledgeable in local, state and federal laws and will inform you of your rights. Call us today to discuss your case!
We provide free legal consultations. You never pay us anything unless we recover money for you.