Charleston, WV asked in Car Accidents for West Virginia

Q: I need to ask....a few weeks back i received damage to car from the town I live around because a water worker did not

cones or signs of any kind out to warn of a pole he stuck in a water meter type do I go about getting my out of pocket back for this damage to my car for the deductable and the rental

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1 Lawyer Answer
D. Michael Burke
D. Michael Burke
  • Personal Injury Lawyer
  • Martinsburg, WV

A: You should talk with a local attorney who could advise you. If you have comprehensive coverage on your own auto insurance policy, you should turn it in to your company, and it sounds like you have already done so. You should also contact the town to see if there is anything it would do to help you out.

Whether it would be worth taking your case to court would depend on the amount of damage you have suffered. A case against the town could involve whether you had the opportunity to see the pole stuck in the hole. If your damages are not too large, you could always file a claim in Magistrate Court without an attorney, but you would still be wise to speak with a local attorney, because there are notice requirements in some cases against governmental entities, and some immunities that may apply.

Also, your auto insurance company may pursue a claim to recover from the town what it paid to you. If so, your company is required to collect your deductible, at the very least, and reimburse you for that expense.

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