City of Toronto claim | GTAMotorcycle.com

City of Toronto claim

PaisaMed

PaisaMed

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Just had a major scooter get off last night while travelling northbound on Yonge St. 150 metres south of St. Clair. I have a bunch of scrapes, and my whole right shoulder/ right torso/ right hip are seriously bruised. My breathing is labored. Anyway, I just called the city and they are going to email me info and a link for initiating a claim process. Has anybody done this before? I'm not really sure the extent of the scooter damage but my body feels badly beaten up!
 
Why and how you fell would be a huge factor.

Were you trying to avoid something? Did you hit a streetcar track? Is the road beaten up? Did you take pictures? Have you filed a complaint for roadwork to be done due to a bad road (if this were the case)?

You basically have to explain why the city is responsible for the damage.

Here's some info if it was caused by a pot hole/bad road.

http://www1.toronto.ca/wps/portal/c...nnel=dafa285441f71410VgnVCM10000071d60f89RCRD
 
They buy insurance for this kind of thing. You'd have to file a claim with them to get reimbursement. Probably a 2 month process
 
OP what are you claiming for? Damaged / unkept road? Tracks? Sightline? Dirt on road? Not sure how the process works but I'm sure the City will NOT be easy to hand out cash as it would open the flood gates fairly quickly. I wish you all the best in getting a justified resolution
 
The city has a process and very proudly proclaims every year that of the xxx claims submitted they have paid out x of them (yes it is something like triple digit claims submitted and single digit paid). In order to be eligible, the problem had to be previously reported to the city, then at least 7 days (from memory) need to have passed to allow them time to fix it, then you need to sustain damage and submit a claim. (EDIT:pLau posted a link to the actual information, not my crappy version from memory)

Give us an update on what the City did to make them liable for your damages.
 
i started a claim.

I had the accident at 12:30 a.m. om Tuesday and the pothole was fixed approximately 8 hours later! I have a feeling it affected other motorists because in the morning when I went back to take pictures, the asphalt patch was already done. This was confirmed by asking a 24 hour restaurant right in front on the pothole and the girl said the city fixed it. Basically, I am out of commission for who knows how long. I am very sore and and can't sleep, walk fast, or **** comfortably! The scooter suffered body damage and a more thorough investigation will be needed to assess if it's bent.
 
PaisaMed said:
i started a claim.

I had the accident at 12:30 a.m. om Tuesday and the pothole was fixed approximately 8 hours later! I have a feeling it affected other motorists because in the morning when I went back to take pictures, the asphalt patch was already done. This was confirmed by asking a 24 hour restaurant right in front on the pothole and the girl said the city fixed it. Basically, I am out of commission for who knows how long. I am very sore and and can't sleep, walk fast, or **** comfortably! The scooter suffered body damage and a more thorough investigation will be needed to assess if it's bent.
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That sucks. Glad you didn't get hit by another vehicle when you were off. Do you have pics of the pothole? Would it have been better on the bike with the larger wheels(eg. did you drop in or was it the edge that knocked you off?).

While driving the cage last week, I hit a pothole in a parking lot the other day hard enough that I got out to check for wheel damage.
 
PaisaMed said:
i started a claim.

I had the accident at 12:30 a.m. om Tuesday and the pothole was fixed approximately 8 hours later! I have a feeling it affected other motorists because in the morning when I went back to take pictures, the asphalt patch was already done. This was confirmed by asking a 24 hour restaurant right in front on the pothole and the girl said the city fixed it. Basically, I am out of commission for who knows how long. I am very sore and and can't sleep, walk fast, or **** comfortably! The scooter suffered body damage and a more thorough investigation will be needed to assess if it's bent.
Click to expand...
AhA!
Saw the pic on facebook - at least you're walking!
Mark
 
GreyGhost said:
The city has a process and very proudly proclaims every year that of the xxx claims submitted they have paid out x of them (yes it is something like triple digit claims submitted and single digit paid). In order to be eligible, the problem had to be previously reported to the city, then at least 7 days (from memory) need to have passed to allow them time to fix it, then you need to sustain damage and submit a claim. (EDIT:pLau posted a link to the actual information, not my crappy version from memory)

Give us an update on what the City did to make them liable for your damages.
Click to expand...

this is true......I hit the edge of a metal sewer cover that had sunk due to a pothole and destroyed my car tire.
the city denied the claim because I was the first complainer (and victim) but they did attend and repair the pothole and sewer cover with in the day.
 
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PaisaMed said:
i started a claim.

I had the accident at 12:30 a.m. om Tuesday and the pothole was fixed approximately 8 hours later! I have a feeling it affected other motorists because in the morning when I went back to take pictures, the asphalt patch was already done. This was confirmed by asking a 24 hour restaurant right in front on the pothole and the girl said the city fixed it. Basically, I am out of commission for who knows how long. I am very sore and and can't sleep, walk fast, or **** comfortably! The scooter suffered body damage and a more thorough investigation will be needed to assess if it's bent.
Click to expand...

You might want to consider hiring a lawyer ... you sound pretty beat up, as well as the bike. They clearly felt this was too big of a pothole to leave out like this ...
 
mxs said:
You might want to consider hiring a lawyer ... you sound pretty beat up, as well as the bike. They clearly felt this was too big of a pothole to leave out like this ...
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I don't get it...OP hit a polehole, contacted city to reimbursement or to get it fixed, and they got it fixed. If it is in their terms & conditions that they are allowed a certain amount of time to fix it and they complied, then the did what they are supposed to do. Arguably if they paid out for any and everything, then we'd all be paying out the *** in tax dollars, so it would cost everyone more in the end.

As for injuries and damage to personal property, this is why we all should be carrying adequate insurance. When a raccoon cost me the front bumper and a few other pieces of my car, I didn't go after parks & rec or animal control...I got an estimate from a body shop and as it was well over my deductible I submitted a claim under comprehensive.
 
conundrum said:
I don't get it...OP hit a polehole, contacted city to reimbursement or to get it fixed, and they got it fixed. If it is in their terms & conditions that they are allowed a certain amount of time to fix it and they complied, then the did what they are supposed to do. Arguably if they paid out for any and everything, then we'd all be paying out the *** in tax dollars, so it would cost everyone more in the end.

As for injuries and damage to personal property, this is why we all should be carrying adequate insurance. When a raccoon cost me the front bumper and a few other pieces of my car, I didn't go after parks & rec or animal control...I got an estimate from a body shop and as it was well over my deductible I submitted a claim under comprehensive.
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There is ample precedent for insurance payouts on such a claim - but it's still insurance coverage, not direct tax dollars. It indirectly comes out of our pockets as it would whether the OPs insurance covered it or the City's insurance covered it.
A raccoon on the road wouldn't be the fault of animal control or parks & rec, unless they released it unreasonably or otherwise caused it to run into the road.
We do have a reasonable expectation that roads will be maintained to a standard that will facilitate the safe travel of road users. That's demonstrated in this case by the fact that they fixed it as soon as they were aware of it. That doesn't change the fact that the person who discovered did so with the expectation that the road was safe. Not all hazards are readily identifiable in all conditions, and those that exist because of someone's action or lack of action introduce a potential liability and possibility for compensation.
 
conundrum said:
I don't get it...OP hit a polehole, contacted city to reimbursement or to get it fixed, and they got it fixed. If it is in their terms & conditions that they are allowed a certain amount of time to fix it and they complied, then the did what they are supposed to do. Arguably if they paid out for any and everything, then we'd all be paying out the *** in tax dollars, so it would cost everyone more in the end.

As for injuries and damage to personal property, this is why we all should be carrying adequate insurance. When a raccoon cost me the front bumper and a few other pieces of my car, I didn't go after parks & rec or animal control...I got an estimate from a body shop and as it was well over my deductible I submitted a claim under comprehensive.
Click to expand...

Well it's pretty clear in my mind ..... The insurance coverage is fine, but it's one he's paying for, the city should be on the hook one way or another. Their negligence to maintain the road caused the OP have, not so little damages, by the sound of it. You honestly think he should take it on his insurance? Risking increase next time around, especially in the crooked Ontario insurance market .....

You will really compare raccoon the city certainly didn't own with a road they undoubtedly do?
 
cf1340 said:
this is true......I hit the edge of a metal sewer cover that had sunk due to a pothole and destroyed my car tire.
the city denied the claim because I was the first complainer (and victim) but they did attend and repair the pothole and sewer cover with in the day.
Click to expand...

Very similar situation in Hamilton. Hit a hole they dug and poorly filled a few weeks earlier.. It was in the rain and the puddle disguised it's size/depth quite well. Snapped the spindle where the the ball joint connects; major damage ensued. Police witnessed, and hole was filled before my tow arrived. Nothing from the city in the end because... I was "first to report it" :rolleyes:
 
Had a city tree fall and take out the fence and damage my shed. It was a nightmare of shuffling from dept to dept to try and find who to contact. They finally sent someone out, after I reported that children were playing on the fallen tree. Cleaned up the tree, replaced the fence, since it was adjoining city property, but nada as far as damage to the shed, or the neighbors tree. They told us to put it through our insurance. Insurance claim was a mess, as they offered $10 over the deductible. So, I wouldn't do the insurance thing again. If it was a private tree, that's a different matter, and the city will help to get you moving on it.
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