Municipal liability: Damage due to poor road surface

Questioner

I suffered damage to my car through the municipality, I submitted it and they rejected it but you will be left with a damage amount

Lawyer

What do they reject, total liability or damages? What exactly happened?

Questioner

first of all: i was driving on a country road and then i had to swerve to avoid a truck and hit the edge of the road and now I have damage to my right rims and because it was the only road because I always take a different road but they were paving it, this happened it now represents a damage item of €315.00 now they have placed a sign with bad road surface then I said you should repair it then I would not have suffered any damage secondly: my mother lives in a nursing home and that's where I park my car now there are parking posts on the sidewalk without signs on them I drive backwards and hit the pole because I have a station wagon I have to stand with the tires against the sidewalk otherwise I won't fit in I filed a complaint and said if they are not being used why are the poles not being removed the posts are also placed crookedly on the sidewalk I have emailed photos but they do not admit anything hope you can help me I went to Damage Care and the costs were around €300.00 I think it's a bit of negligence on the part of the municipality

Lawyer

Yes, what you say is correct, but to hold a municipality liable for damage caused by poor road surfaces or incorrectly placed posts, namely multiple complaints and negligence. An investigation must be done. You have already written a letter, what is the municipality's response.

Questioner

yes I have submitted a damage form and attached photos of how the poles are positioned I also don't know how far the posts should be from the sidewalk, I think there should be rules for that of course they don't admit the mistake I hear many people say no, the municipality does not take responsibility for anything, but I think they should also adhere to the rules, right? I have been driving for 25 years and this has never happened to me I just can't get any further like this

Questioner

I only got the message that we are not responsible, but I think so if you are sidelined by a truck on a country road and there is wear and tear that causes damage to my rims, that is negligence on the part of the municipality they say yes you shouldn't drive next to the verge no if a truck comes I have to move to the side I think the municipality is just sloppy, they are not doing anything about it and are not admitting anything what else can i do?

Lawyer

Well, without the help of a lawyer you will not succeed and I can not offer any certainty either. So the question is also whether this is a matter of principle for you or not? If the answer is yes, will you contact me?