Re: Ice victim - Saab General Bulletin Board - Saabnet.com
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Re: Ice victim
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Posted by Steve T. [Email] (more from Steve T.) on Thu, 3 Feb 2011 08:46:29 Share Post by Email
In Reply to: Ice victim, Ultimated, Wed, 2 Feb 2011 16:36:06
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Woo Hoo! I get a chance to put my lawyer hat on now! Either you or your insurance company is going to make a claim against the NJ municipality, so: (1) notify your insurance company ASAP; and (2) make sure to file your notice of tort claim with the municipality within 90 days of the accrual of your cause of action (it may be 60 days - I haven't dealt with that statute in a few years). Failure to file the notice means you forfeit your claim. The town will give you the form to fill out and submit (keep track of your paperwork!) If the insurance company pays you, they may choose to subrogate the claim against the town to recover their payout, but you still need be made whole, so your claim against the town may be limited to your deductible, plus any other expenses/losses incurred that were not covered by insurance. If you cannot settle your differences with the municipality within 6 months, you can then initiate suit (but make sure to clear it with insurance company first since you have a contractual duty not to mess with their opportunity to subrogate), but a suit cannot be filed until you have waited at least 6 months. The standard upon which municipalities are judged for such claims is were their actions or inactions "palpably unreasonable"? Since you: (1) put the town on notice; (2) the town official (through its shade tree commission) came out and inspected the rotted tree; (3) the town therefore had actual knowledge of the dangerous condition; and (4) presumably the town had a reasonable opportunity to correct the dangerous condition, but opted not to do so; your claim should fall within the "slam dunk" category of claims.

posted by 96.57.12...

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