Municipal liability: Free advice

Questioner

Last Saturday 14/11/2015 I drove late in the evening from Abcoude, via the baambrugse zuwe, to Vinkeveen. At the Oldenburg marina I ended up with my right front wheel in a hole/hole in the road surface. I noticed then immediately that my steering wheel no longer had the position as before. Monday 16/11/2015) took the car to the garage The garage found that: - The right rim is bent. - The wishbone needs to be replaced. - The whole thing needs to be aligned. The total costs are estimated at approximately 375 euros. I passed this information on to the municipality and indicated that I would hold the municipality liable. I then received the answer that the municipality would not accept liability since the hole had already been repaired by the municipality before the date that I would have suffered damage. What next? In my opinion, it cannot be the case that the municipality is not liable by indicating that maintenance has been carried out.

Lawyer

You should of course inform them in writing that you do not agree with this decision and then hold them liable once more with the request to repair the damage within a reasonable period. If the municipality does not want to cooperate, you can try to recover the damage through the court. If you want further help and/or advice, please feel free to contact me.

Questioner

The municipality remains steadfast and indicates that it will not compensate for the damage since maintenance has been carried out on the road surface. Personally, I think that recovering damages through the courts would be more costly than beneficial. Are there any other options?

Lawyer

That is something the municipality will continue to do. If necessary, I could send a letter to the municipality for a small fee. That can sometimes put a bit more pressure. Whether a lawsuit costs more, I think all in all. However, if you are proven right, you can reclaim the costs. The last option could also be the ombudsman. If he has proven right, you will be in a stronger position. If you would like further help and/or advice, please feel free to contact me.