Your daughter should open a claim through her own insurance coverage. I would suggest contact contact her insurance representative for possible coverage.
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If you could prove that the city took an unreasonable amount of time to remove the tire, then you might have a case. However, proving that is difficult, and it would involve showing that city officials with the proper authority had actual or constructive knowledge of the dangerous condition on the highway. If you have further questions you should contact a licensed Ohio personal injury attorney.
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You can make that argument, but it is very difficult to prove.
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You need to prove that the state was negligent and that negligence is usually triggered by having sufficient notice to remedy the problem. Difficult to prove. You might want to contact the DOT to see if they have a report on this and maybe you can identify the party that dropped the tire. May needyour insurance to take care of this one.
It is doubtful the State would be found liable. There is a possibility that this collision could be covered under her uninsured motorist coverage. Car damages will be handled under her collision coverage. Hopefully she purchased gap insurance to cover any difference between the amount she would owe to the bank as opposed to the value of the vehicle at the time of destruction.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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The most practical way to deal with this problem is to submit a claim to your own auto insurance company. Hopefully you have comprehensive coverage. Your daughter will have to pay her deductible but any other recovery under these circumstances would be unlikely.
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