Claiming damage for potholes

It can be done , I holed an oil pan on my golf ,only 4" ground clearance,735$ .I was talking to my attorney the next day (ski/bike/hike/paddle bud) and asked him for a legal opinion so he e-mailed me some precidents

Basicaly if the municipality/town/city knows about a road problem and they fail to warn you , you can claim for damage.I put in a claim citing the legal precidents from my bud and the town calved without a whimper.

I just signed the release and I pick up my check friday … which will probably got to pay for my next kayak .

this is a pretty small claim but if you were to hit a pot hole and sustain injury on a road ride it could be BIG TIME,the claim is paid by insurance

yeah - there has to be something to show that they "knew" about the hole.

My GF's neighbor had complained about the road at least once along with most of the people on the block.I am pretty sure I could have got a signed statment to that effect if this complaint went to small claims SO it could be proven that the town was aware of the problem but failed to warn the public … they had NEVER placed sign's warning of the damaged road.The next day they had signs up,I took digital photo's of the road damage,the sign ,photo copies of the repair bill, and I had my precidents

actualy in the precedent I was using "Barrat vs NV" where a cyclist hit a pothole on his bike,the district was found NOT liable because the damage happened BETWEEN daily inspections on the busy 1200 block Lonsdale.Still I cited this precident because the judgement found that the district could only be liable if they were aware of the problem but in "Barrat vs NV" the damage happened between normal daily road inspections (foreman driving around)

On paper I had em by the balls ,since I was able to prove they had knowledge of the damage and failed to warn the public and I stated as such on the damage claim form while trying to sound like I might know something about law they calved without any fight … maybe they could have fought and reduced the claim by proving lack of responsibility on my part ,which might require they get a lawyer to represent them in small claims at 300$per which would eat up the 735$ pretty quick …better to pay the claim ?I am not sure how this kinda stuff goes down

They had to bring this before council at the regular in-camera meeting to agree on paying me out,I would have liked to be a fly on the wall .Down at the hall the finance manager came out to meet me , I made sure to look like a total freak but stayed polite and silent…best to keep them wondering what hit them till the release is signed at which point I have a binding contract

She told me they had never settled a claim before like this and my Lawyer buddy sez local government always fight these claims BUT not this time .I guess I owe him a case of rootbeer (he likes A[HTML_REMOVED]W)