Pothole damage claim repayments questionable

Tire sidewall damages cannot be repaired, but some wheel rims can be after a hard pothole hit. The government seldom pays claims, though.

Citizens who file damage claims to their property from hitting potholes have a process to go through to recoup money they pay to have cars/tires/rims fixed, but is it just a waste of time appealing to a city or state for redress?

According to a local Atlanta attorney, ATL311claim requests implemented in 2014 are just a formality that could leave complainants frustrated. She says that government agencies have wide "discretion" to fix potholes and high priced lawyers who can make sure governments do not pay for damages despite attempts by citizens.  She said that she was not aware of any payments in Georgia to compensate citizens for pothole damages to cars.

Researching how to sue a state or municipality is time consuming. It's at the pleasure of the Atlanta City Council to fix potholes on local streets, and if they don't know one exists, they can't be held liable. Right?

So why was the process set up under Ga. Code Ann. § 36-33-5? Probably to alert the city that there is a problem, after the fact. This way, citizens are providing a voluntary, free service that the city is using to fix potholes which can be very hazardous on city streets. And if a claimant's damages are below their insurance deductible amount, there's no use in filing a comprehensive claim. Three claims, and you're out of insurance.

So what should you do? Avoid traveling down city streets after a bad winter, because you just could hit a pothole. Trying to swerve and avoid it could be worse. You could run into someone else. And traveling back to take pictures of the pothole could also be dangerous.

I asked the following questions to Antoinette Govan, Sr. communications office in Mayor's office of Communications:

1. How many pothole claims per year since 2014 have been made when Atl311 was implemented? Are claims documented by street? Which street has had most claims?

2. Of claims made, how many were paid? What was the average amount paid? How were these claims successfully resolved?

3. If not paid, what were the reasons why not paid?

4. Is the city depending on citizens to report these claims in order to have potholes repaired? How does the City council and mayor use discretionary powers to decide which potholes to repair? Are repairs made by city employees or contractors?

5. How are pothole markings and repairs documented by written report or photos?

6. What causes potholes? Bad weather, snow removal, improper drainage?

Here are her responses:

“To the best of our knowledge, there is no mechanism to track responses for your first three questions. (Therefore, a Freedom of Information request would be futile.) Pothole repair is not solely dependent upon citizen reports, but we do encourage residents to report these types of issues to our ATL311 customer service call center via phone (404-546-0311) or website (www.atl311.com)

Potholes are repaired once a service request has been made; therefore, they are recorded digitally. Potholes are formed when a small road defect where the asphalt top and base layers have failed and eroded away due to traffic volume and weather."

In England, it was reported in 2012 This is Money Reporter, "One in eight motorists have suffered damage to their cars from neglected roads and potholes in the past two years, with millions of pounds being paid out in compensation by cash-strapped councils, research has found."

In another large U.S. city, Indianapolis, it was reported by Fox59 news that in 2017, a driver’s chances of reimbursement was nine percent. "So far in 2018, chances have shot down again. With 129 people claims filed, 38 are still awaiting a final decision. Eighty claims have already been denied and only one person has gotten money back. Just one person. 

"The OCC data shows that driver received $203.83. FOX59 asked what factor or factors is behind most of the denials. The OCC hasn’t responded at the time of this publication. However, we have reported before that DPW records must show a complaint was filed about the pothole before you hit it in order to be reimbursed. So far in 2018, chances have shot down again. With 129 people claims filed, 38 are still awaiting a final decision. Eighty claims have already been denied and only one person has gotten money back. 

"Just one person. The OCC data shows that driver received $203.83. FOX59 asked what factor or factors is behind most of the denials... we have reported before that DPW records must show a complaint was filed about the pothole before you hit it in order to be reimbursed."

In my opinion, the claims process should be more citizen friendly,  data of payments should be compiled and reported, and some percentage of claims should be paid. 

Regardless of the likelihood of repayment, attorneys still encourage citizens to file a complaint before six months from damage incident expires.

Georgia gubernatorial politics heats up

Conservative Republican Brian Kemp will face off against Progressive Democrat Stacey Abrams in November to lead state politics in Georgia. 

Kemp won 69% of the primary vote against Lieutenant Governor Casey Cagle last night. Kemp, who branded himself as a gun wheeling, truck driving, round up illegals, no nonsense, protective father of three White daughters pushed all the campaign hot buttons, including standing up during the national anthem at football games. He was heavily endorsed by President Trump and the NRA. Kemp is presently Georgia's Secretary of State.

Abrams is said to be raking in political contributions from outside the state. Endorsed by Hillary Clinton, she is a Black lawyer, author, and businesswoman who was the House Minority Leader in the Georgia General Assembly representing the 89th House District. She is the first Black female major party gubernatorial nominee in the U.S.

Duerson-Bennett-Miller family celebrates 60th reunion; reminder of historical ties to future events

"Like branches on a tree, we all grow in different directions yet our roots remain as one."

Probably the best fount of knowledge and wisdom is beheld at the annual family reunion. It speaks to royal lineage - of who one's great, great, great, great, great grandparents were and what they did to survive. 

Descendants of Cassius Duerson: Dr. Betty Griffin, Kurk and Tomi Johnson, Jewell and Freddie Brown

The family reunion bids descendants to keep on keeping on!

Yes, a family reunion is a powerful thing that should be respected and revered.

One such event occurred July 20 - 22 in Richmond, Ky. during inclement weather. Activities included meet and greet, memorial service, banquet, auction, historical skit, and angel and scholarship giveaways.

A prayer service and Time of Reflection was held at Mt. Pleasant Baptist Church in Kirksville, Ky.

Here are three things I learned.

Without their approval, some slaves took on the last name of their masters. 

Some present day descendants of slaves are still trying to figure out their family history and connections to others.

Some Black people have a deep yearning to decipher the past and rise to the glorious future their ancestors gifted them.

Members of the Cassius Duerson branch

Tomi Johnson (c) poses with family DJ Megan Larue and another newly-met relative. 

Their 61st reunion will be held in Cleveland, Ohio. For more information, contact Mary Adderton at jerryadderton@gmail.com.

9400 still without power in Central Kentucky

Kentucky Utilities/Old Dominion Power is reporting several thousand residential customers are still without electricity due to a storm with gusting winds which passed through Central Kentucky five days ago.

At the height of the outages, 113,000 people were without power as well as several local businesses and gas stations. Power is estimated to be restored by tomorrow.

Trees came down on power lines, and branches turned into projectiles which pierced through roofs. 

Tree roots were exposed. 

Service vehicles were hooked to street light terminals. 

People who had generators worked hard to get them started.


WKYT is warning customers to check with the BBB before hiring anyone to clear away debris or perform services.

 

Even though damages look bad, one is reminded of the 1.2 million people in Puerto Rico who were ravaged by Hurricane Maria almost one year ago. These weather events are predicted to persist due in part to global warming.

©2018 Copyrighted photos by Kurk and Tomi Johnson

Building relationships keys to business success and community policing

Off. Jegg, Dep. Melton, Kathryn Ruff, Janice Overbeck, Off. Pharr, and Maj. Batterton pose after discussing concerns over coffee with citizens.

Coffee with a Cop convened this morning at the Keller Williams Real Estate Agency on Roswell Road in Marietta and was deemed a success by organizers. Approximately 15 people were in attendance.

Topics which were informally discussed with officers included  "ignorance of the law being no excuse", drug trafficking, local immigrants being deported and leaving children behind, code enforcement and animal control, experience of cops in peace and war, history of cops before joining law enforcement, mental health, self-defense, public intoxication, and "discretionary" law enforcement. 

"I feel that it was important to have Coffee with a Cop in our office because it's a great national program which connects cops in the community with civilians that want to ask questions," said Janice Overbeck. "We had great success today." Overbeck, who opened her office 18 months ago, said it's a "Win Win" for everybody. "The more exposure, the more people we can help with our business."

"Events like this are very important and great because we can meet informally with citizens that we serve on a daily basis," said Precinct 4 Commander B. S. Batterton. "It gives us an opportunity to interact, share information, as well as build relationships which go a long way into the future."

Overbeck plans to host another Coffee with a Cop event soon. For more information, contact Kathryn Ruff at 678-929-7761. 

Keller Williams location off Roswell Rd., site of Coffee with a Cop

Communities over Cages convening in Atlanta

Stay Woke: Brotherhood of St. Moses the Black coming to Atlanta

Coffee with a Cop happening in Cobb County

On Wednesday, July 18 from 8 a.m. until 10 a.m., Keller Williams will host a Coffee with a Cop at their 2249 Roswell Road location.

According to Kathryn Ruff, marketing and events coordinator for Janice Overbeck Real Estate Team, the event is part of a national program which allows local citizens and police to meet in an informal setting to discuss community issues and concerns.

Coffee and breakfast will be served at the event. For more information, contact Ms. Ruff at 678-929-7761 orkathryn.ruff@janiceoverbeck.com.