Legal question regarding City Sewer District

[mach_u]

Ok, so a week before Christmas our recently renovated basement was flooded thanks to some morons contracted by the City of Cincinnati, relining the sewer pipes, who lined right over our tap. This resulted in a nasty mess in our basement. The city as already taken the blame for it and was quick to send a cleanup crew out and remove the debris. The problem is they are informing us that we are "required by Ohio law" to place a claim with our Homeowners sewer backup policy and they will cover the deductible and anything over and above. The problem that we have with all of this is that our rates are going to go up if we do this and quite frankly this is a cut and dry issue with the city and their contractors being very clearly at fault. Can anybody verify if in fact the are correct and we have to do a claim or perhaps can recommend a good lawyer that can point us in the right direction? Thanks guys!

[mustang8998]

Damn AJ, that sucks. I don't have any advice for you, but I am curious as to how this is resolved. Seems like the city, or the contractor would be resposible, but like the old saying "you can't sue cityhall".

Good luck man!

[mach_u]

Damn AJ, that sucks. I don't have any advice for you, but I am curious as to how this is resolved. Seems like the city, or the contractor would be resposible, but like the old saying "you can't sue cityhall".

Good luck man!
I'll be sure and post up how things are going. I'm afraid this will be an uphill battle though.

[PaulFiveOh]

Are you in the Hamilton County?

[mach_u]

Are you in the Hamilton County?
Yup. Good old Metro Sewer District

[ibstrokin]

Not to be a dick, but, after your 5ooo posts, your threads have gone to shit:lol:

[Mista Bone]

at least they haven't gone down the drain!

[MrsAPE]

^above two..you guys are bad!!
keep us updated on this. hope someone can help you.

[DeckerEnt]

I would contact your agent and tell them the whole story and let them hash it out. If it is the city's fault, then your agent should be able to help.
Keith

[PaulFiveOh]

I would talk to an attorney too, just to be safe.

[mach_u]

Not to be a dick, but, after your 5ooo posts, your threads have gone to shit:lol:
:lol: Nice! haha

[mach_u]

I would contact your agent and tell them the whole story and let them hash it out. If it is the city's fault, then your agent should be able to help.
Keith
What's really frustrating is our agent just left to go independent and our policys went to a new agent I only talked to for the first time Friday evening and he seemed completely clueless! :rolleyes:

[barkey]

I work for the city not for MSD this is how the city handles all of its claims they are self insured. If your car was parked on the side of the road and a city truck hit it all the city is going to pay is your deductible. You can hire an attorney but I really think you would be wasting your money. Two years ago the city didn't cover a hole in the road completely with the road plate and my girlfriend hit it and it took out the both passenger wheels rocker panel and rear bumber she got $500.00 for her deductible and thats it we appealed it which was a waste of time. I have a friend that works for the citys law department I have talked to him about mine a few times and he tells me that is how the city handles claims and there is really nothing that I can do about it. I hope it works out for you but if your dealing with the city you are going to get no where fast and not to give you more bad news but I believe you have to pay the deductible out of your pocket prove you payed it to get reimbursed it took almost 6 months to get our money.

[barkey]

Where are you at in mt washington?

[barkey]

http://www.cincinnati-oh.gov/citylaw/pages/-6557-/

Here is a link to the citys damage claim info read the last paragraph its what got me to


Section 2744.05 (B) of the Ohio Revised Code limits the rights of a person who has a claim against a municipal corporation to the amount of the loss sustained less the total of all insurance benefits the person is entitled to receive under all applicable insurance policies. The net effect of this provision is that the City of Cincinnati is liable only for the payment of your insurance deductible and any other item of damage of expense not covered by your insurance policy.

[DeckerEnt]

If the city is gonna do that, get a lawyer and have him bring up all the concerns of a blackwater situation in your home. The thought of hepetitus A, B, & C in your home that could effect you and your family's health should get you somewhere.
Keith

[barkey]

If the city is gonna do that, get a lawyer and have him bring up all the concerns of a blackwater situation in your home. The thought of hepetitus A, B, & C in your home that could effect you and your family's health should get you somewhere.
Keith

I agree but the city will probably come up with something stupid to get out of it they will say something like the tap was blocked at the street so the only backup was your own shit

I would file the claim with your insurance company and get your deductible back and then see if your insurance company is going to sue the city we have state farm insurance on our cars and we asked if they were going to go after the city for the money and they told us no. If this gets to court I would say you are looking at years before its over and you might spend more money and time that what your rate increase is. I hope it works out for you.

[Black Horse]

"is liable only for the payment of your insurance deductible and any other item of damage of expense not covered by your insurance policy."

Like increased rates???

[mustang8998]

"is liable only for the payment of your insurance deductible and any other item of damage of expense not covered by your insurance policy."

Like increased rates???

Yeah, thats what I was thinking. Is the city going to cover that? :rolleyes:

[barkey]

Yeah, thats what I was thinking. Is the city going to cover that? :rolleyes:

I think they would laugh if you asked them that we talked to state farm and explained the situation to them and we didn't see a rate increase.

[mach_u]

I work for the city not for MSD this is how the city handles all of its claims they are self insured. If your car was parked on the side of the road and a city truck hit it all the city is going to pay is your deductible. You can hire an attorney but I really think you would be wasting your money. Two years ago the city didn't cover a hole in the road completely with the road plate and my girlfriend hit it and it took out the both passenger wheels rocker panel and rear bumber she got $500.00 for her deductible and thats it we appealed it which was a waste of time. I have a friend that works for the citys law department I have talked to him about mine a few times and he tells me that is how the city handles claims and there is really nothing that I can do about it. I hope it works out for you but if your dealing with the city you are going to get no where fast and not to give you more bad news but I believe you have to pay the deductible out of your pocket prove you payed it to get reimbursed it took almost 6 months to get our money.
I at least want to do due diligence and make sure I have exhausted all options. Quite simply they MAJORLY screwed up and we are at zero fault so I am not going down without a fight on this.

Where are you at in mt washington?
Right on Beechmont Ave close to Burney Lane.


"is liable only for the payment of your insurance deductible and any other item of damage of expense not covered by your insurance policy."

Like increased rates???
Yeah, exactly. A record on my insurance is not something I want to mess with. Those claims tend to follow you around for awhile! :rolleyes:

[Brandon Alsept]

I have dealt with many departments of the city on stuff I would think is very cut and dry. Not the case at all, like Barkey has said they will do the very very least of what they have to do. In Cases of them causing any damage to your property it is the same. They pay deductible and send you on your way. If you do try and push the matter with a lawyer you will most likely get burnt. They will start digging into it more and find a loop hole to get them out and leave you with the entire mess.

Have you tried getting someone a little smarter on your case from your insurance? I would be talking to them and trying to get it wrapped up before the city does find a loophole to sneak out on you.

I know it sucks but this is the best advice we have been giving by lawyers about going after the city. It is hard to win a case against them in there sandbox;)

[mach_u]

I talked to MSD & my insurance adjuster today. Unfortunately, thanks to Ohio law it looks like I am not going to have a whole lot of choice but to make a claim. The good news is, it is doesn't look like it will do a whole lot to my premium due to the nature of things and I can get started on redoing things a lot faster. Also the adjuster and the contact at MSD said that the city is usually pretty good about picking up the difference above my basement backup policy. Kinda good news I guess :thumbsup:

[Evil_Capri]

Seems like good news, AJ! :bigthumb

[REDHOTGTGIRL]

Hopefully it all works out like they say it will and we don't have to fight for the balance of repairs. I'm really not up for a battle.

[Brandon Alsept]

I talked to MSD & my insurance adjuster today. Unfortunately, thanks to Ohio law it looks like I am not going to have a whole lot of choice but to make a claim. The good news is, it is doesn't look like it will do a whole lot to my premium due to the nature of things and I can get started on redoing things a lot faster. Also the adjuster and the contact at MSD said that the city is usually pretty good about picking up the difference above my basement backup policy. Kinda good news I guess :thumbsup:

Sounds good;) Only advice I can say going forward is don't piss the city off during the process. Keep them on your good side and it will roll threw very smooth for you;)

[mach_u]

Sounds good;) Only advice I can say going forward is don't piss the city off during the process. Keep them on your good side and it will roll threw very smooth for you;)
Yeah, I'm kinda getting that feeling. :rolleyes:

[mach_u]

Update. My insurance adjuster is here now. Seems positive that my $5k basement backup coverage will be maxed out and then the city picks up where they leave off. Should get the job well under way though. I may have a basement before summer! woot! lol

[MrsAPE]

Who is your contractor?! Or going to be?!

[mach_u]

Who is your contractor?! Or going to be?!
A guy that I take Karate with. He does amazing work! He helped me finish off my entertainment center I built this year as well as a few other things around the house and just seeing the work he did on his own house was enough to have me sold! :bigthumb

[MrsAPE]

Good! Just checking. Glad you got someone good. One's insurance will send you say all the right things but don't always do it. AND, I'll keep this guy in mind to fix the things our contractor did. *smile*

[Waffles]

I work for the city not for MSD this is how the city handles all of its claims they are self insured. If your car was parked on the side of the road and a city truck hit it all the city is going to pay is your deductible. You can hire an attorney but I really think you would be wasting your money. Two years ago the city didn't cover a hole in the road completely with the road plate and my girlfriend hit it and it took out the both passenger wheels rocker panel and rear bumber she got $500.00 for her deductible and thats it we appealed it which was a waste of time. I have a friend that works for the citys law department I have talked to him about mine a few times and he tells me that is how the city handles claims and there is really nothing that I can do about it. I hope it works out for you but if your dealing with the city you are going to get no where fast and not to give you more bad news but I believe you have to pay the deductible out of your pocket prove you payed it to get reimbursed it took almost 6 months to get our money.

This is why I love the government!

[Rick93coupe]

I work for the city not for MSD this is how the city handles all of its claims they are self insured. If your car was parked on the side of the road and a city truck hit it all the city is going to pay is your deductible. You can hire an attorney but I really think you would be wasting your money. Two years ago the city didn't cover a hole in the road completely with the road plate and my girlfriend hit it and it took out the both passenger wheels rocker panel and rear bumber she got $500.00 for her deductible and thats it we appealed it which was a waste of time. I have a friend that works for the citys law department I have talked to him about mine a few times and he tells me that is how the city handles claims and there is really nothing that I can do about it. I hope it works out for you but if your dealing with the city you are going to get no where fast and not to give you more bad news but I believe you have to pay the deductible out of your pocket prove you payed it to get reimbursed it took almost 6 months to get our money.

In that situation, if your vehicle didn't have insurance, then the city worker or the city would get off scott free? If I'm understanding this correctly, a city worker has the ability to run over or into shit without any consequence other than possibly loosing his job?

[Rick93coupe]

Hey government ------- :flipoff:

Bastards

[barkey]

In that situation, if your vehicle didn't have insurance, then the city worker or the city would get off scott free? If I'm understanding this correctly, a city worker has the ability to run over or into shit without any consequence other than possibly loosing his job?

They get a ticket every once and a while. I have not heard of anyone without insurance or with liability having a claim with the city i'm sure there is a bunch of them just haven't heard I will ask my buddy.

[mustanginky]

i dont even see how that can be law, that's just fucking wrong. passing the buck on someone else for one's own mistakes. if it were me i'd fight it and make them pay for it, but i'm a hard headed sumbitch

[mach_u]

i dont even see how that can be law, that's just fucking wrong. passing the buck on someone else for one's own mistakes. if it were me i'd fight it and make them pay for it, but i'm a hard headed sumbitch
I agree completely however the problem is the city has damn near limitless resources to fight something like this. Years in court + attorney fees are not something I want to mess with for <$15k claim(unless they try and deny it completely). Plus even though it would never be admitted, who do you think the judge is more likely to side with? The county lawyers he sees almost every day and probably has lunch with, or some poor schlep from the east side? :rolleyes: My insurance maxed out their coverage on the $5k basement backup protection and my rep at MSD informed me that the city is responsible for the difference. Both my insurance and MSD have said that the city is usually pretty good for paying out their portion over and above my insurance coverage. Claim pack went out yesterday, so I guess we will see!

[BigBadStang]

...it took almost 6 months to get our money.

Try waiting 6 months to pay the city any money you owe them and see what happens.
this kind of shit pisses me off to the extreme!

good luck with this mess you were dealt AJ.

[barkey]

http://news.cincinnati.com/apps/pbcs.dll/article?AID=2008801130384

I think you are doing a little better than this guy

Any updates?

[mach_u]

http://news.cincinnati.com/apps/pbcs.dll/article?AID=2008801130384

I think you are doing a little better than this guy

Any updates?
Yeah, no kidding! All the final paperwork went out to the city last week. I am going to call tomorrow and confirm that they received it all ok. I really hope this isn't going to be a ridiculously drawn out process but time will tell! :rolleyes:

[barkey]

I hope it works out for you