Yahoo Autos It's Unbelievably Hard to Get the Government to Pay to Fix Your Car After it Hits a Pothole
Any person who has ever hit a pothole with their car has wondered: Can I get the state to reimburse me when one of these potholes damages my car?
If you have ever driven during the winter, you know how much damage potholes can do to a car. While my home state of Michigan is not the only place in the paved world with potholes, it certainly ranks among the worst. A combination of inept bureaucracy, funding shortfalls, and hellacious winters keep Michigan roads in a seemingly perpetual state of disrepair. Here is what you are up against if your car is damaged by a pothole in Michigan. Most other states have similar processes which I encourage you to search out on the internet.
Your car is damaged by a pothole. Perhaps one flattened your tire and busted your rim. If the damages are under $1,000 you can file a claim with the Michigan Department of Transportation. But the state doesn't want to be just throwing money around for people whose cars are damaged by the road. The first hurdle is that the pothole must have existed for at least 30 days before you hit it. Then, the state must have known the pothole existed for 30 days before you hit it. And you must prove the state failed to maintain the roadway in "reasonable repair" after having known about the defect for at least 30 days before you were financially injured.
Think you can beat that? The state has a handy form you submit to make your claim but they have one last bit of advice for you: "Please be advised that the majority of claims are denied under governmental immunity laws." Those include the laws that say they are only liable if they failed to maintain the roadway in reasonable repair AND that you must prove the pothole existed for 30 days before you hit it AND that someone notified the state that the pothole was there 30 days ago.
How does the average person find out how long a pothole existed before they learned of its existence? How do you prove if or when the state was notified of it? I know these questions have answers but how much effort can you put into chasing a claim that tops out at $1,000?
Oh, and they won't pay you for any damages that might be covered by your insurance.
What if your damages are over $1,000? Don't even bother filing the form. You'll need to file a lawsuit for that. You'll still need to prove the same things mentioned above, but you'll have to do it in a courtroom with attorneys and bailiffs and judges and such. Good luck with that.
Can you get the state to reimburse you when one of these potholes wrecks your car? In theory, yes. In reality, don't hold your breath waiting for your check from the state.
Steve Lehto is a writer and attorney from Michigan. He specializes in Lemon Law and frequently writes about cars and the law. His most recent books include Preston Tucker and His Battle to Build the Car of Tomorrow, and Dodge Daytona and Plymouth Superbird: Design, Development, Production and Competition. He also has a podcast where he talks about these things.
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