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My parked car was hit by a garbage truck. How do I go about filing a claim and getting damages covered?

Question: I’m a New York City resident. A garbage trucktried to fit through a street that was partially blocked off by constructionand hit my parked car. The damage was extensive; it nearly tore the entire leftside off. I didn’t have collision insurance, so I intend to sue the city. Howlong do I have to file my lawsuit?

Response: I hope the accidentjust happened, because you do not have a long time to bring your action.Normally, in New Yorkyou would have three years to bring an action for damage to personal property,such as a car.

However, a NYC garbage truck works for theSanitation Department, which is part of the city government. And to bring anaction against the city, you need to file a claim in the proper way with theBureau of Law and Adjustment of the city’s Office of the Comptroller withinninety (90) days. Failure to do so will doom your claim, so if you haven’tfiled yet, do so immediately.

As a general rule, governments reserve all kindsof extra rights for themselves that private citizens or businesses don’t have,including limiting how long you have to sue them. If you ever suffer injury asa result of something done by a government employee or agency, you shouldretain a lawyer immediately and get the ball rolling on a claim. Even if youend up not going ahead with a lawsuit later, file the appropriate claimpaperwork right away to preserve your right to do so.

Answeredby Steven Zweig

The content of this website is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claim, consult an experienced trucking accident attorney from the law offices of Gordon Elias & Seely, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.
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