Damage claims against the City?

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8 replies [Last post]
Anonymous's picture

Sunday, 10:40AM, 68th & York.

No construction signs, scraped streets, lots of gravel.

My bike went down with me on it.

Luckily I walked away with no body contact with the street, except for a slightly sprained knee.

BUT, I think my rear derailleur needs to be replaced. Some minor cosmetic damage - my shifter and pedal got scratched.

I have pictures, and filed a report with the DOT. DOT said I could file a property damage complaint against the City through the Comptroller's Office.

Has anyone done this? Has anyone heard of any success?

I know I am lucky to have walked away - there could have been a car behind me and...

But I am sick and tired of the road conditions in the city...

Anonymous's picture
ME (not verified)
Claim Forms

"My wife was doored by a cop but she elected not to sue the city, even though she had some scrapes and bruises, as long as they paid for all damages.

You should take pictures of the scene and your bike. Get an estimate from a bike shop for the parts and labor. Get seen by a doctor so it is documented that you may have hurt yourself, and then file a notice of claim for property damage and loss (and personal injury if you feel it is necessary).


Again, my wife ultimately chose not to file a personal injury claim although she was hurt and spent a few days in bed. When we filed a property claim it came back with an offer of about 2/3 of the amount she asked for to repair her bike. We called the comptroller's but could not get an ""honest"" answer and realized that they were using some actuarial software that was meant for cars and not bicycles.

After a call to Eva Moskowitz, our City Councilwoman, and a letter from her office to the Comptroller's office, and a call from the comptroller's office to my wife we were finally told that they city would pay for all damages although they still could not explain why we were originally only offered 2/3 of our claim.

Anyway, just make sure it is worth your time. We did it because the damage was extensive and my wife was injured although we did not file a claim for personal injury."

Anonymous's picture
Isaac Brumer (not verified)

"York Avenue is being repaired. An experienced cyclist should be able to evaluate a roadway for appropriateness to riding. Yeah, technically, the city of contractor may be liable for failing to post ""rough road"" signs, but come on, lots of NY roads are in a lot worse shape."

Anonymous's picture
Robert Rakowitz (not verified)
If I didn't know better...

I'd take your post as an insult or jibe on my skills.

This happened maybe 20 feet into the construction zone and at roughly 6 MPH, while trying to turn onto a normally paved street - as an 'experienced cyclist' I knew that the road was unrideable...


Anonymous's picture
Alan Resnick (not verified)
bumpy road

"believe the rule is ""if DOT has been notified of an unsafe road condition-they have 2 weeks to fix it""
I'm guessing you hit the huge hole going north in the right lane between 68th-69th in the bus stop on the concrete-not the newly paved road??? If so- you might have a case, as they just(1 1/2 weeks ago) paved the rest of the avenue!!! good luck"

Anonymous's picture
Sonny Bindra (not verified)
Notice of Claim

You have to file a notice of claim with the Comptroller's office. Be very careful that you file the claim within the time period and exactly as instructed. No matter how good your claim might be, if you fail to follow the instructions, the City has the right (and will) deny your claim.

Anonymous's picture
hal eskenazi (not verified)

come to next weeks program and speak to dot reps directly.

Anonymous's picture
Robert Rakowitz (not verified)

I'll be there with bells on.

As I am not yet a full member can I ask for time and place?


Anonymous's picture
Carol (not verified)

Just scroll down our home page for the notice of the October membership meeting.

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