Potholes Damages How To Claim – I recently heard from a Prescott Valley man who was one of the few drivers who contacted Operation Safe Roads about the poor road conditions in Arizona and the toll it was taking on them.
“This is the worst I’ve seen, and I would say potholes are not a common occurrence in Arizona,” said William Skaggs. “This is not what we expect on the roads.”
Potholes Damages How To Claim
The state refused to reimburse him and others for the costs of repairing the damage to the car.
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He had video evidence of the moment he hit a pothole on I-17 near Sunset Point back in March of this year. But the Arizona Department of Risk Management said they were not responsible because there were signs in the area warning drivers of poor road conditions.
“Essentially, the person denying the claim is a person who works for the state, and it’s obviously in their best interest to deny the claim,” Skaggs said.
Wanted to know what it would take to get the claim approved, so Meghan Thompson met with an Arizona attorney.
“I would say the default on most of these claims — whether it’s the condition of the road … whether it’s other things — is to deny them,” explained attorney Kevin Garrison of the Garrison Law Firm in Peoria.
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He said the first thing any driver should do is file a claim. This is important because it must be done within 180 days.
“You have to describe what they did negligently or wrongly,” Garrison said. “You have to describe what your injuries are… what your damages are… and you have to put what’s called a certain amount in there. So you have to say, “I’ll settle my claim for $10,000 or $100,000 or whatever.”
“There are a lot of other things you can do to try to reinforce that,” Garrison described. “You can try to get maintenance records for that area, so make a Freedom of Information request to the state, city, or county. Google Earth, Google Maps… try to see if you can get a picture from an earlier time. “
Now, if the pothole wasn’t previously reported, the state can say it’s a road hazard and it’s not responsible.
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“You have risk management… ADOA is the one who makes the decisions about whether to approve or deny a claim… when it’s in their best interest to deny. How is that… what’s the fairness in that?” Megan Thompson asked.
“Everything I can really tell you is based on my experience, but I don’t think my experience is very different from the experience of many, many, many lawyers that I know. It seems to me, and my experience has been – across the board – that these claims are generally denied,” Garrison replied.
Garrison said you can sue. Of course, it is up to the driver to decide whether it is worth going this way.
“Most lawyers who do what I do charge so-called contingency fees,” Garrison said. “So that means you don’t have the money out of your pocket to hire someone like me to figure it out and keep it going.”
Can I Sue If I Hit A Pothole And Damage My Car?
He said that certainly the state has an obligation to maintain the roads and potholes do not appear out of nowhere. So many people may have a case even if the first claim was denied.
“You guys do a good job with the news and so does the paper…no wonder we’ve had this crazy, crazy wet weather…record rainfall…record snowfall…and now all of a sudden potholes ” Garrison said. “So I think all these things lead to, yeah – it’s not something that just happened spontaneously. You should know about it.” Have you ever hit a pothole before? Chances are, you have, and if you did, it’s very likely that your heart skipped a beat even though you saw it. If you don’t see them, you won’t either. can be scary, but whether you’re scared or not, many people have an inner fear that something could happen to their car because of a pothole, and whatever it is, it can be very expensive.In some cases, the city you’re in live, will pay for serious damage to your vehicle. In the Northeast and Midwest, intense weather makes many cities more susceptible to potholes. Potholes form when moisture gets into the pavement and is exposed to freezing temperatures. When the moisture expands, the pavement cracks Many cities are struggling to keep up with the damage it creates, creating difficulties for residents and visitors to the cities.
If you drive in a city that pays pothole loans, you may be lucky if your car is damaged by potholes in the city. Pothole damage claims include flat tires, bent rims, lost hubcaps, alignment issues, flat tires and more. If a pothole damages your car, you’ll need to file a claim with the government agency that handles such claims.
You will need to check with your city to determine what the process is for pothole insurance claims. In some cases, people making claims can expect the process to take quite some time. Also, in some places, in addition to sending a full police report, people will also need to send a paid invoice or repair estimate from the garage. Keep in mind that not all cities will pay the full cost of repairs since you hit the pothole yourself.
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Sometimes the road commission under which the road falls pays for damage caused by potholes on that road. It can be a city road, a county road or a state road. It can also be a lengthy process, and even if you go this route, you’ll likely have to pay the cost of the repairs up front. However, this is an alternative to making an insurance claim and you may be able to get compensation if you contact the appropriate road commission and follow the procedures.
A city is much more likely to pay pothole claims if potholes are a problem in the city. Each municipality, city or town will have different claim filing requirements and pay claims for different reasons.
There are several important steps to follow when filing a pothole claim. First, you want to document everything that happened. This includes taking a picture of the pothole and having an additional picture so you can confirm the location of the pothole. You’ll also want to note both the time and date of the accident. Getting repair cost estimates from two different mechanics is a requirement in some states, but is helpful even in states that don’t require it. Some states may be more difficult to file a pothole claim than others.
In some cases, your insurance company may include some potential damage coverage in your collision insurance policy. You’ll need to check with your insurance company to see if yours has one, and this may be more of a challenge for you if you live in a city with pothole problems.
How To Report And Recoup Damages From Potholes
Driving over a pothole can damage the tire, rim or axle; if the impact is severe enough, it can affect the suspension, undercarriage, body or even the frame of the car. According to a new survey by the American Automobile Association, about 44 million American drivers were hit by potholes last year, with an average cost of $406 in repairs. Tires were the most common victims, followed by vehicle alignment and wheels, AAA found.
If your trip has been sabotaged by a pothole hidden under a puddle of water, or rendered invisible on an unlit street, you have ways to seek compensation.
Road closures and heavy traffic conditions have been faced by drivers as agencies work to repair potholes caused by winter storms.
Learn How To Claim Insurance For Your Car Damaged From A Pothole
We all loved splashing in puddles as kids, but our cars don’t have flexible joints. Plowing through a pothole can be very bad for you
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