WTFD10
05-01-2004, 11:05 PM
Anybody heard of this "new law"?
City Won't Pay for Accident Damage
http://www.wtol.com/Global/story.asp?S=1831062
TOLEDO -- A local woman feels like she is being ignored by the city of Toledo after a city vehicle hit her pickup truck. It happened earlier this month on Central Avenue near Jackman. A fire truck responding to an emergency lost control, and slammed into several vehicles. There were no serious injuries, but there was a lot of damage that the city won't pay for.
Kim Lopez, one of the victims, says her bills are now more than $8,000 dollars, and she can't believe the city won't pick up the tab since she was pulled off to the side of the road when the driver of the fire truck lost control. But now the city says it's protected by a legal loophole.
"I did everything you're told to do when there is a fire truck coming. I got over as far as I could and stopped," said Lopez. But some cars weren't as respectful, and a city fire truck went out of control trying to slip through. "The truck continued in my lane, until I saw it was coming head on. Told my son hold on, he's gonna hit us head on," said Lopez.
Kim's truck was hit from the side, leaving behind all sorts of damage. "The gentleman driving the fire truck says, 'Are you okay?' I said, 'Yeah, I think so.' We were shaking like leaves. He says, 'I'm really sorry. I was standing on my brakes. We had none,'"
Kim assumed the city would handle her repair bills. "I think a lot of people, their first reaction would be that city is responsible, but according to state law, the city is not liable for that circumstance," said Samuel Nugent from Toledo's law department. When Kim asked the city to pay up, he said not so fast. "It's certainly unfortunate, but the law is the law," said Nugent.
News 11 dug up the facts. According to the Ohio Revised Code, rescue crews are not responsible for causing damage "while proceeding toward a fire, or answering any other emergency alarm."
Kim Lopez thinks the city is getting by on a technicality. And with more than $8,000 in damage to her truck, she feels like the city soul pony up, despite the law.
It's important to point out, Kim does have car insurance, and most of the damage to her truck is covered. But she's worried about her rates going up. And she's still got to pay almost $300 bucks for her deductible.
We're told the purpose of the new law is to save tax payers money by helping the city avoid lawsuits and big insurance payouts. It also helps rescue crews get to a scene quicker. That's because they don't have to worry about being held responsible should they get in a wreck.
The state law only covers rescue crews like police and firefighters. Other first responders like private ambulance services are not covered.
Posted 7:35pm, Friday, April 30, 2004
City Won't Pay for Accident Damage
http://www.wtol.com/Global/story.asp?S=1831062
TOLEDO -- A local woman feels like she is being ignored by the city of Toledo after a city vehicle hit her pickup truck. It happened earlier this month on Central Avenue near Jackman. A fire truck responding to an emergency lost control, and slammed into several vehicles. There were no serious injuries, but there was a lot of damage that the city won't pay for.
Kim Lopez, one of the victims, says her bills are now more than $8,000 dollars, and she can't believe the city won't pick up the tab since she was pulled off to the side of the road when the driver of the fire truck lost control. But now the city says it's protected by a legal loophole.
"I did everything you're told to do when there is a fire truck coming. I got over as far as I could and stopped," said Lopez. But some cars weren't as respectful, and a city fire truck went out of control trying to slip through. "The truck continued in my lane, until I saw it was coming head on. Told my son hold on, he's gonna hit us head on," said Lopez.
Kim's truck was hit from the side, leaving behind all sorts of damage. "The gentleman driving the fire truck says, 'Are you okay?' I said, 'Yeah, I think so.' We were shaking like leaves. He says, 'I'm really sorry. I was standing on my brakes. We had none,'"
Kim assumed the city would handle her repair bills. "I think a lot of people, their first reaction would be that city is responsible, but according to state law, the city is not liable for that circumstance," said Samuel Nugent from Toledo's law department. When Kim asked the city to pay up, he said not so fast. "It's certainly unfortunate, but the law is the law," said Nugent.
News 11 dug up the facts. According to the Ohio Revised Code, rescue crews are not responsible for causing damage "while proceeding toward a fire, or answering any other emergency alarm."
Kim Lopez thinks the city is getting by on a technicality. And with more than $8,000 in damage to her truck, she feels like the city soul pony up, despite the law.
It's important to point out, Kim does have car insurance, and most of the damage to her truck is covered. But she's worried about her rates going up. And she's still got to pay almost $300 bucks for her deductible.
We're told the purpose of the new law is to save tax payers money by helping the city avoid lawsuits and big insurance payouts. It also helps rescue crews get to a scene quicker. That's because they don't have to worry about being held responsible should they get in a wreck.
The state law only covers rescue crews like police and firefighters. Other first responders like private ambulance services are not covered.
Posted 7:35pm, Friday, April 30, 2004