City of Toronto liable to pay damage to vehicles or comp damage through insurance

City of Toronto liable to pay damage to vehicles or comp damage through insurance

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Pamela Gia started this petition to Mayor's Office, City of Toronto (Mayor of Toronto)

Holes in the road should be considered distracted driving; just like texting while driving, playing with the car stero or eating behind the wheel. Motorists get fined by getting tickets for distracted driving, therefore why shouldn't the City of Toronto get a mandatory fine to reimburse a motorist for property damage, or bodily harm caused by road holes? The roads in Toronto are becoming hazardous to drive on because of negligence to repair roads in a timely manner, or reduce the risk of loss by shutting down streets, or using pylons to block off massive holes in the road.

The City of Toronto makes it the driver's responsibility to watch out for other cars, people, speed limit and not be distracted while driving. They've also put the onus on the driver to make sure the road is safe to drive on because a motorist is deemed at fault when driving over a hole in the road that causes damage. It's the motorists responsibility to watch out for holes in the road as well as watching cars ahead, behind, and to the side of them.

I found myself distracted while driving today with more attention to holes on the road vs. people walking on the street. I was planning how to swerve to miss a hole hoping that I wouldnt lose control of my vehicle, or hit another car.

I feel this way because two days ago I fell victim to a nasty hole on Egiliton Road which caused $2000 in damages to my car. It was 9:30pm, Egiliton was not properly lite, and reduced to one lane. I was travelling at 45KM an hour and a truck was tail gating behind me, while rain like snow fell softly on my wind shield. I was paying more attention to finding my way, driving safely and the car behind me then to whether or not a hole in the road would catch my tire. I trusted that the City of Toronto would be concerned about my safety by ensuring roads are safe to drive on. I figured my responsiblity was to ensure that I paid attention to everything else as a motorist never involved in an accident. Once my tire hit the hole and my car cautioned me of my tire deflating to 22psi I had no where to pull over because of the one lane, and cars scooting around me (probably the reason they missed the hole) I was also scared to pull over on the side of the road because of the lack of light, and the inconsiderate drivers behind me. I also knew that I had to prove the hole in the road by taking pictures, but how could I safely do that while cars zip by? I slowly drove to the closest place that I felt safe knowing that I was probably causing more rim damage, but it was a decision I had to make; my life, or the rim on the car? I pulled into the Loblaws Supercentre in a well lit, empty parking lot to cry because of the fear that struck me. It was late, dark, my car was damaged and I prayed that no one would approach me. I was alone and my car was in rough shape. I had to call road side assistance to tow my car. I feared that the tow truck driver could also hurt me, so I called 311 and I filled out the pot hole claim form while I waited. I have to wait 90 days for a claim resolution where I'm well aware only 2% of claims are paid. I also know that my insurance company will note this as an at fault charging me a deductible and increasing my rates. I do not feel this is my fault in the least, yet I still have a massive bill on my car that shouldn't be mine to pay.

I headed out on the road two days later spending way more attention then I needed to looking for holes finding myself being distracted from looking out for things I normally would pay attention too. I also counted 5 deep holes on the highway 404 going south between Major Mac and Finch. All these holes were in the middle of the lanes which would make it difficult to switch lanes at top speeds. If a car hit one of those holes and blew a tire the likelihood of a major accident would increase. The type of accident that causes pile ups, lives and body risk. I got off the highway on Finch and I counted another three deep holes until I got to Victoria Park. The whole time I was wondering if I should call 311 and report them. As I wondered this I almost hit a car in front of me then I almost hit a person walking because I was looking at the holes in the road instead of the cars and the people.

My argument is that texting is considered distracted driving, but so is having to pay attention to holes in the road. I would like the City of Toronto to revisit policy and procedure when it comes to up keeping the roads and making sure our safety is taken into account. I can control not texting, while driving. I can not control the upkeep of the roads. The City of Toronto should be 100% at fault and pay for my damages, or better yet prevent these kind of damages from happening by maintaining the roads! Another option is to change the government determination at fault rules with insurance companies making a claim for a pot hole fall under comprehensive instead of collision allowing an insurance policy not to charge back the damage as an at fault. 

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