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 truck tried to fit through a street that was partially blocked off by construction and hit my parked car. The damage was extensive; it nearly tore the entire left side off. I didn’t have collision insurance, so I intend to sue the city. How long do I have to file my lawsuit?

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

However, a NYC garbage truck works for the Sanitation Department, which is part of the city government. And to bring an action against the city, you need to file a claim in the proper way with the Bureau of Law and Adjustment of the city’s Office of the Comptroller within ninety (90) days. Failure to do so will doom your claim, so if you haven’t filed yet, do so immediately.

As a general rule, governments reserve all kinds of 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 as a result of something done by a government employee or agency, you should retain a lawyer immediately and get the ball rolling on a claim. Even if you end up not going ahead with a lawsuit later, file the appropriate claim paperwork right away to preserve your right to do so.

Answered by Steven Zweig

Additional Resource: Bureau of Law and Adjustment

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