City TV had this info posted on their site, thought it might come in handy here. Either way don't expect to just submit the info and expect something to happen, you'll need to constantly contact them and request for a status by the sounds of it.

<i>Who Will Pay For The Damage?

So you've been driving through Toronto's pothole ridden streets when your car hits one of those road ruts head on.

Before you know it, your front end is out of alignment and your back end is in spasm.

And your car's not so good, either.

If one of those gigantic gaps damages your automobile, do you have any way of getting the city or the province to repair it? Turns out you do, but like most things in government, you have to cut through some red tape to do it.

Here's how to stake your claim and undo the damage:

City of Toronto

First you have to prove it was the city's fault. Toronto's legal department never pays out a claim without a thorough investigation first.

Needless to say, the powers-that-be suggest you go through your insurance company first.

But if you decide to pursue the complaint, you have to submit it in writing. The claim has to include the time, date and location of the incident, a description of what happened, and a damage estimate.

And don't wait. Any such bid for compensation has to be done, in the city's underlined words, "immediately".

Address your note to:

City Clerk's Office,
City Hall,
100 Queen Street West,
Toronto.
M5H 2N2

Fax: (416) 392-1867

Or you can email: clerk@toronto.ca

But even then you're not finished. Two weeks later, you'll get another letter in the mail acknowledging receipt of your complaint and if it's found valid, another form to fill out.

For more information, call (416) 397-4212.


Ontario Highways

The needs are similar to the city, but the envelope or email goes somewhere else.

Mail a comprehensive claim that includes the time, date and location where the damage occurred, and include copies of any relevant documents - like a repair bill or an estimate.

Send it to:

Management Board Secretariat
Risk Management &amp; Insurance Services
700 University Avenue,
6th Floor,
Toronto.
M7A 2S4

Here's where more government red tape comes in. You can fax the information if you want to (416) 314-4444 - but you have to follow it up with a mailed letter either way. And you may have to wait up to three months for an answer.

Call (416) 314-3443 for more information.</i>

You have to prove that the city was negligent. Potholes appear all the time and it is not reasonable to assume that the city (a) knows when they will appear, (b) knows where they appear and (c) can fix them instantaneously. However, if you can prove that the city (a) knew about the pothole, (b) knew where it was and (c) didn't fix it in a reasonable amount of time, then you can prove that the city was negligent and their insurance company will cut you a cheque.

In my case, I was lucky. Someone actually reported the pothole I hit to the city, before I hit it. Thus, the city had a record of it and knew where it was. They didn't fix the pothole for several weeks. When I filed my claim, I was able to prove the city was negligent because they know about the pothole and didn't fix it in a 'reasonable' amount of time.

and then has not responded reasonably, whatever that means, you are SOL.

Of course, you could just watch where you're driving. We get these claims all the time and we never pay them. Our attitude is if it's in front of you, you shouldn't drive into it. Simple eh?

I for one would rather hit the pothole then swirve and hit another car or loose control.

If you can put on a clinic as to how to avoid every pothole then let me know, I'll sign up. If not, keep your smart a$$ comments to yourself.