We recently followed up with John Mares, who hit a pothole on Aviation Blvd. back on February 20 (see Aviation Blvd Pothole Causes Rough Landing).
In early July, John told me that “I called them last week, after 4-5 months … they said ‘Our claims take at least 8 months to process … call back in 60 days.’”
On August 6, he emailed me the following: “I finally heard back from the City Attorney, they denied my claim!” I told him to file an appeal.
Call the city attorney’s office and ask them why they denied it. They will talk to you about immunity laws and such. Tell them that you have records showing the city knew about the pothole (John had filed a Public Information request for any pothole reports or surveys they had for Aviation, and the street was repaved a few weeks after the incident, so he knew that the city knew about the bad street)). Email these to the investigator or ask to speak to the head investigator if you’re not getting anywhere. Contact your councilmember and the Mayor’s office as well. If all else fails, you can go to small claims court.
Today (August 13), we got the following from John:
“I was able to speak the City Attorney investigator who denied my claim.
After providing an additional photograph of the pothole and explaining my presumption that because the road was repaved within weeks of the incident that the City had to have prior knowledge of the condition, they have reversed their decision and are now processing my claim.
Per the Investigator, the city ALWAYS DENIES THE FIRST CLAIM.
Thanks for your help, guidance and advice. It looks like we’re done here!”
On September 26, John e-mailed me: “I got my check yesterday!”