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0831CTKaneInYourCornerCarDamage_2023-08-31-06-22-14

Kane in Your Corner: Your car is damaged by a road hazard. Is there anything you can do?

It's a frustration that drivers here in the tri state know all too well. Your car is damaged by a pothole or another road hazard. So, is there anything that you can do? Well, news 12 senior investigative reporter Walt Kane is in your corner with what you need to know this week's ask cane in your corner comes from Catherine who says she had an accident due to debris that was on the roadway. She says she filed a claim with the Garden State Parkway Authority that was the agency that happened to maintain the road, but the claim was denied and she wants to know if we can help. Well, Catherine, this is a story I've done in the past. It is sometimes possible to get a municipality or state agency to pay for damage caused by a road hazard. But I've got to tell you it is not easy. It was so much water and I was like, oh my God last year, Lisette Pagan's car was swallowed up by a sinkhole after a water main break. You might think someone like her could collect damages from the agency that maintains the road. But our investigation finds that's rarely the case in New Jersey where Lisette lives. I found that in five years, drivers filed more than 6000 claims for damage caused by road hazards on state run roads. Just 69 of those claims were paid. That's a success rate of 1%. The rules are pretty much the same in New York and Connecticut too. In order to collect damages, you have to be able to prove the agency was negligent. You have to prove notice to the agency that they knew or in the exercise of due diligence should have known and that they did not remedy the problem that could have been remedied and that their conduct was unreasonable. Bottom line. Experts say the only way to ensure you're protected against road hazards is to have comprehensive insurance on your car. Do you know something I need to investigate? Call me at 732738, Kane or email Kane in your corner at news 12 dot com.

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