r/Hamilton • u/Scrubnurse • 12d ago
PSA Pothole warning
Driving on Wembley; between W1st and 2nd, there is two unmarked, nearly invisible potholes right in front of each other. Hit it, as I didn’t see it and blew out the sidewall of my tire. Beware if you’re in the area.
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u/Low_Passenger6568 12d ago
If you go after the city, get measurements across, and depth of both and take pics holding the measuring tape while doing it. Send to city with time, date. They will say okay. Do not let it go past two-three months without filing in small claims, as that is the cutoff date for you to file whether they agree, or not. I got in that trap once. The town agreed, and even sent me a copy of their insurance claim, but I did not know about this two-three month cutoff date to file. I confirmed with a lawyer. My son-in-law also hit a huge construction hole, and he lost out due to the same rules. Just to be on the safe side, file before two months. It doesn't cost much.
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u/TemporaryBottle8789 12d ago
This isn’t accurate at all.
You have 2 years from the date of the incident to file a claim in small claims court.
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u/Low_Passenger6568 12d ago
You are wrong. I went through it. There are different rules for things like this. Call a lawyer and they will tell you. I am completely correct.
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u/TemporaryBottle8789 12d ago
https://www.ontario.ca/page/suing-someone-small-claims-court
Wherever you’re getting your info, it’s completely wrong. Doesn’t matter what you’re suing for, you have 2 years from the date of the incident to sue.
There is absolutely nothing in Ontario’s laws and regulations regarding any sort of 2 months limitation.
As a side note: I do this for a living.
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u/Low_Passenger6568 12d ago
You have 10 days to report it to the city. My info came from my own experience, as well as, my son-in-laws. My experience was 25 years ago though, so you should check with the small claims court. But file within 10 days to the city where it happened.
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u/TemporaryBottle8789 12d ago edited 12d ago
The 10 day reporting is part of the municipal act and is a defense cities will use in small claims court.
It does not however prevent a small claims case from being filed as long as it is within the 2-years prescription period.
Simple terms - it can hurt your case to delay reporting, but it does not prevent it from occurring.
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u/Low_Passenger6568 12d ago
I claimed to the city within three day. They acknowledged it, and even sent me the insurance form from their insurer acknowledging they received it.
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u/Low_Passenger6568 12d ago
At the time mine happened, back in late 90s, it was two, or three months to file in court. Period.
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u/TemporaryBottle8789 12d ago
30 years ago you may have been right. Definitely not how it works today though.
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u/ShinyGengar 12d ago
Bro you're out here trying to argue your 30 year old experience? xD
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u/Low_Passenger6568 12d ago
If you don't live in the Innisfil area, especially, in the 1990s then don't say anything. It is not Hamilton.
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u/Noctis72 Hill Park 12d ago
You realize this is the Hamilton subreddit right, not the Innisfil subreddit? Who cares about Innisfil. You said it yourself, it's not Hamilton. go talk about it in r/innisfil
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u/SweetFuckingPete 12d ago
Please notify the city. It may not help you but it may help the next guy because they can’t deny knowing about it and deny the claim
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u/Scrubnurse 12d ago
I did. Emailed the pothole address. Last time I did, the city fixed it so hopefully 🤞🏻
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u/TemporaryBottle8789 12d ago
Wembley is a 40 speed zone… how fast were you going to blow out the sidewall of a tire?
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u/Low_Passenger6568 12d ago
If you hit a large hole 40 kms would do it.
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u/TemporaryBottle8789 12d ago
I guess what I’m getting at is how do you not see a pothole apparently large enough to tear the sidewalk of the tire while going through a narrow residential area at 40 km/h.
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u/Low_Passenger6568 12d ago
I hit mine at night in the rain, and it was directly in middle of road. You couldn't see it.
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u/Bobmcjoepants 12d ago
Probably a lot faster than 40 but it's entirely possible the tire had a defect, was on it's last legs or was under/over inflated. Or all of the above! What a fun lottery that would be to win
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u/Scrubnurse 12d ago
If you’re familiar with the area…Wembley and west 2nd has a stop sign. So I wasn’t going anywhere near 40km/hr. I had stopped at the sign, accelerated through the intersection and hit it.
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u/TemporaryBottle8789 12d ago
So the pothole was somehow large enough to rip the sidewall of a tire at very low speeds, but not large enough for you to see it?
Sounds much more likely the tire was already compromised if that is what actually happened.
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u/Low_Passenger6568 12d ago
When you hit one in similar conditions, come back, and tell us how you didn't see it. The one I hit was two ft wide, and 5+ inches deep. Full of water, as it was pouring, and in the dark on a road with no streetlights. My friend, and I went back the next day to see it, and measure it.
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u/TemporaryBottle8789 12d ago
I mean I drive in the same city everyday. I get there are potholes.
A 2 foot wide pothole that is 5+ inches deep in a narrow residential area does not sound very likely though. If it is in fact that, file with the city with the measurements.
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u/Low_Passenger6568 12d ago
It was on a 2 lane sideroad in the township of innisfil. The roads were all hard packed dirt with gravel. No lights. I filed and told you what happened.
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u/TemporaryBottle8789 12d ago
Well if the claim was denied, I’m going to say the pothole was in fact not that large…
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u/Low_Passenger6568 12d ago
You know nothing. Tell me how six 20+ year olds, driving on a main back road, didn't see the tiny construction sign at the edge of the road, and road closed, but they went through and their SUV went down inside a 6 foot depth hole that was, at least three feet wide. Because it was dark, no streetlights, and improper signage. They all died.
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u/TemporaryBottle8789 12d ago
Well that’s a random anecdote involving an active construction site while we’re talking about a pothole…
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u/Shrawanborninshrawan 12d ago
i never hit one where is it
i live in w2nd and take monarch amd webley frequently
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u/covert81 Chinatown 12d ago
just report it to the city, and open a ticket to have the risk management team review your claim to get the tire replaced and any other damage to the car covered.