How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

We bought a brand new Lexus GS. 2weeks later there were

Customer Question

We bought a brand new Lexus GS. 2weeks later there were heavy rains. In our town Lubbock the water drainage system allows a lot of water to collect and stay on the roads. This is worse if a lot of rain falls in a short time. We were at a junction which got particularly filled up.while we were stopped at the red light cars from opposite side went by throwing huge waves at our side. It lest to engine flooding. The car is now been labelled as totaled by insurance. Does city have a liability? Also never have our car insurance companies ever mentioned Gap insurance. Are they supposed to?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Generally municipalities enjoy "sovereign immunity" against claims such as this, however, depending on the specifics of your case there may be a claim against the city (speak with a plaintiff's lawyer that has some experience with municipal claims - you don't want to try doing this yourself, claims against government entities move very fast and there is a short period of time that you have to file the pre-litigation "tort claims act" claim with the city prior to filing your civil complaint - it is possible to do, but it is difficult to self educate yourself quickly enough to effectively represent yourself in this type of action).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

As far as the "gap" insurance issue. There is no duty for your agent to recommend or sell you this insurance, many agents will do this, but it is not required. (Some agents try to refrain from overselling policies to their clients simply because there are so many different types of insurance policies, but this does of course leave gaps in coverage).