pothole was repaired before i could take pictures of it?
HI everybody! i m taxi driver in birmingham uk, i was on my job about 3 o clock in the morning and i had passenger on board, as soon i turned from main rd to a side rd i hit a pothole which burst my tyre and bent the allloy wheel too. i arranged another car for the passenger and changed my tyre, but it was too dark to take the photos of the pothole as a proof so i could make a claim for my damage caused by this pothole. i went home and then i felt pain in my kidney and had to go to the hospital where they told me that i got stones in my left kidney , i stayed in hospital for few hours and was sent home to come back the next day for ct scan. I drive because of lots of pain and i was admited in hospital after ct scan for possible operation , later they didnt do operation but told me to stay home and take rest. i was in pain whole week and i didnt go back to the place where this pothole was, after a week when i got there the pothole was repaired and there was evidence of the pothole and it was massive area which was repaired , but now i am asking you can i still make claim for my damages or not? i got proof of hospital admition and proof of not working for whole week. any body with any idea. thanks for your time and many thanks to all of you in advance.
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5 comments
James on April 17, 2010 at 2:13 pm
Well of course you can make a claim. Collecting is another matter of course. Take a picture of the area. You should have gotten the name of your fare that would be a nice witness. If you have documentation of the admission date and a bent rim don’t really see why you would have a problem.
Good luck
Chris on April 17, 2010 at 2:13 pm
Sounds like you got screwed
Robert B on April 17, 2010 at 2:13 pm
the only damage you can claim is the the tire and rim.you cant claim that the pothole gave you the stones because you already had them.calcium and uric acid (found in sodas) causes 98% of kidney stones.so in reality you would have to pay your hospital bill anyway.oh and the stones could have been forming for years and you would have never known it.so just think that if you wouldnt have hit the pothole then you could have been in more tremendous pain later down the road.
dick car guy on April 17, 2010 at 2:13 pm
sorry you did not hit the pot hole so hard, it tossed stones into your kidney, the pot hole had nothing to do with your medical problem, kidney stones are from a poor diet mostly, so if you live on pizza fried chicken, and coffee, are up at all hours of the day and night, get little or no sleep and do not take care of yourself, you get kidney stones. good luck
Smackinsam on April 17, 2010 at 2:13 pm
You need to check your local city ordinances. Where I live, the city is not liable for damage from potholes unless the city has had 24 hours’ notice of the pot hole and failed to repair it. The city might be liable for the damage to your tire but probably not for the kidney problems.
It is unlikely that your kidney stones were caused by hitting the pothole. Kidney stones are caused by an accumulation of calcium into hard pebbles. They take awhile to develop and are not caused by a sudden injury such as hitting a pot hole. Because hitting the pot hole didn’t cause the kidney stones, the city would not be liable for hospital bills.