Q: Can the county immune to liability for "weather-related" damage to their main roads?
I hit a sizable, unmarked pothole on US 31 within St. Joseph County limits that did significant damage to my car. I filed a claim and a county representative said they would not pay it because they aren't responsible for "weather-related" damage to the roads. All damage to roads have a weather component, so if what they said is true, they basically can argue that they're not responsible for ANY damage and neglect of the roads. Is that legal?
A: The person with whom you spoke was right, for the wrong reason. US 31 is an interstate highway so you would need to make a claim with the state of Indiana, NOT St. Joseph County. Before you can make a claim, you must file a Tort Claims Notice. The form number is 54668. A completed form must be filed with the State of Indiana within 180 days or 270 days from the date of the incident. FAILURE TO TIMELY FILE WILL BAR YOUR RECOVERY. Claims are paid by means of reimbursement so you need to pay the cost of repair, upfront or submit the claim to your insurance and pay your deductible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
