Can You Claim For Pothole Damage

Can You Claim For Pothole Damage – Winter weather can be harsh on the roads, sometimes creating potholes. Who is responsible if a pothole damages your car?

These potholes can be more than just annoying. They can lead to costly repairs that cost you hard-earned money. These concerns led several people to ask Charlotte’s VERIFY team who was responsible for repairing pothole damage.

Can You Claim For Pothole Damage

Is the City of Charlotte responsible for paying for damages to your car if you hit a pothole?

How To Get Money Back If Your Car Is Damaged From Hitting A Pothole

“There is an outside chance that if a pothole has been there for a long, long time and a city or county was negligent in repairing it, you could file a claim with the city,” he said. said North Carolina Insurance Commissioner Mike Causey. .

Mauney said it would need to be proven that the pothole has been there for a while or that someone has already reported it.

“If you can constructively prove that this hole has been there for that long, or if you can confirm that someone called and complained to the city, or if you got an email and found out that the city “was aware of the existence of the hole and that she did not act reasonably. She did not take a lot of time to correct the hole,” Mauney said.

The city of Charlotte said to file a claim, drivers can go to their website and fill out a form. They can also report a pothole by calling 311.

Looking To File A Claim For Pothole Damage? Drivers Warn State Officials Are Steering Away From Blame

“The most important advice I can give is to encourage everyone to check with your insurance agent to make sure you have comprehensive coverage,” Causey said.

He explained that if you only carry liability insurance, it may not cover it. However, full coverage will be.

Firestone Complete Autocare said keeping your tires filled with air can be the best buffer between broken pavement and your car’s wheels. They also suggest keeping plenty of space between you and other drivers and slowing down in bad weather. Even though potholes are unexpected, there are ways to try to reduce the damage.

Is dedicated to helping the public distinguish between true and false information. The VERIFY team, using questions submitted by the public, tracks the dissemination of stories or claims that require clarification or correction. Have something you want CHECKED OUT? Text 704-329-3600 or visit VERIFYCaltrans is offering up to $10,000 to drivers whose vehicles have been damaged by potholes on California highways – a program of renewed importance amid road hazards caused by the recent series of atmospheric rivers that flooded the state.

How To Get Michigan To Pay For Your Pothole Damage

A claim for damages can be filed directly with the agency by anyone who believes the California Department of Transportation’s “action or inaction” has “caused them monetary loss,” according to dot.ca. gov.

More than 30 vehicles were hit with flat tires and other damage Wednesday after driving over large potholes on rain-soaked Highway 71 in Pomona, authorities said.

The Caltrans website includes instructions on how to file a claim resulting from such incidents, specifying that the county in which it occurred should be indicated. Each of the state’s counties is covered by a specific district claim office.

“Potholes can not only impact your tire rim, but they can also damage your suspension and on average cost a pothole repair,” noted Auto Club’s Doug Shupe of Southern California. “It ranges from $250 to over $1,000.”

What To Do If Your Car Is Damaged By A Pothole In Metro Detroit

Claims over $10,000 must be submitted to the California Government Claims Program, which “gives you the opportunity to formally seek compensation for your loss and may lead to settlement of your claim without the need for “take legal action,” Caltrans explains. Damage to tire sidewalls cannot be repaired, but some rims can be repaired after a hard pothole. However, the government rarely pays claims.

Citizens who file claims for damage to their property from potholes must follow a procedure to recover the money they pay to have their cars/tires/rims repaired, but is it simply a waste of time by appealing to a city or state for relief?

ATL311 claim requests implemented in 2014 are just a formality that could frustrate plaintiffs, according to a local Atlanta attorney. She says government agencies have broad “discretion” to repair potholes and that high-priced lawyers can ensure governments don’t pay for damages despite citizens’ attempts. She said she was not aware of any payments in Georgia to compensate citizens for damage to cars caused by potholes.

Researching how to sue a state or municipality takes time. It’s up to the Atlanta City Council to repair potholes on local streets, and if they don’t know about them, they can’t be held responsible. RIGHT?

Determining Liability For Accidents Caused By Potholes

So why was the process put in place under Ga. Code Ann. § 36-33-5? Probably to alert the city that there is a problem, after the fact. In this way, citizens provide a voluntary and free service that the city uses to repair potholes that can be very dangerous on city streets. And if a claimant’s damages are less than their insurance deductible amount, there is no point in filing a comprehensive claim. Three claims and you no longer have insurance.

So what should you do? Avoid driving on city streets after a bad winter, as you could end up in a pothole. Trying to swerve and avoid it could be worse. You might meet someone else. And coming back to take photos of the pothole could also be dangerous.

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

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

Nearly 450 Pothole Damage Claims Filed This Year Against Mndot; To Date, 2 Paid Out

4. Does the city rely on citizens to report these complaints in order to repair potholes? How do the city council and mayor use their discretion to decide which potholes to repair? Are repairs carried out by city employees or contractors?

“To our knowledge, there is no mechanism to track the answers to your first three questions. (Therefore, a Freedom of Information request would be futile.) Pothole repair does not rely solely on citizen reporting, but we encourage residents to report these types of issues to our Center calls ATL311 customer service by telephone (404-546-0311). or website (www.atl311.com)

Potholes are repaired once a service request has been made; therefore, they are recorded digitally. Potholes form during a small road defect where the top and bottom layers of asphalt have collapsed and eroded due to traffic volume and weather conditions.

In England, it was reported in 2012 by This is Money Reporter: “One in eight motorists have suffered damage to their car from neglected roads and potholes in the last two years, millions of pounds sterling having been paid in compensation by cash-strapped municipalities. research has found.”

Hit A Pothole? Good Luck Getting Reimbursed By State

In another major U.S. city, Indianapolis, Fox59 reported that in 2017, a driver’s chance of getting a refund was nine percent. ” So far in 2018, the chances have decreased again. With 129 applications filed, 38 are still awaiting a final decision. Eighty applications have already been rejected and only one person has been reimbursed. Only one person.

“OCC data shows the driver received $203.83. FOX59 asked what factor or factors are behind most of the denials. The OCC did not respond as of this publication. However, we have previously reported that DPW records must show that a complaint was filed about the pothole before hitting it in order to be reimbursed. So far in 2018, the odds have again decreased. With 129 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. OCC data shows the driver received $203.83. FOX59 asked what factor(s) are behind most of the denials…we previously reported that the OCC’s records DPW must show that a complaint was filed about the pothole before you hit it to be reimbursed.”

In my opinion, the claims process should be more citizen-friendly, payment data should be compiled and reported, and a certain percentage of claims should be paid.

What To Do If Your Car Is Damaged Driving Over One Of San Diego’s Many Potholes

Regardless of the likelihood of reimbursement, lawyers always encourage citizens to file a lawsuit before the expiration of six months after the incident of damage. Copyright © 2023, Los Angeles Times | Terms of Use | Privacy Policy | CA Collection Notice | Do not sell or share my personal information

Driving over a pothole can damage a tire, rim or axle; if the impact is violent enough, it can affect the vehicle’s suspension, undercarriage, bodywork or even chassis. About 44 million U.S. drivers suffered pothole damage last year, with an average of $406 spent on repairs, according to a new survey from the American Automobile Assn. Tires were the most common casualties, followed by vehicle alignment and wheels, AAA found.

If your journey was sabotaged by a pothole hidden under a puddle or made invisible by an unlit street, you have the choice of requesting reimbursement for the damages.

Drivers face road closures and dangerous driving conditions as agencies work to repair

Legal Expert Weighs In On Pothole Damage And Filing A Claim

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