WHO IS RESPONSIBLE FOR MICHIGAN POTHOLE DAMAGE?

Michigan roads are notorious for potholes. And these costly craters do more than destroy tires or damage suspension systems. Potholes can be dangerous – even deadly – if they cause a driver to lose control. If you are injured or your car is damaged, who is responsible? Here is a guide to receiving the compensation you deserve.

Does Michigan law cover pothole repair damage?

Repairing pothole damage is usually expensive and may not be covered by standard insurance policies. While Michigan law includes certain provisions for pothole damage, receiving reimbursement from state or local municipalities is difficult.

On the plus side, governmental entities are expected to maintain the roadways in their jurisdiction and keep them “reasonably safe and convenient for public travel,” according to statute MCL 691.1402.

However, statute MCL 691.1403 exempts governmental agencies from liability unless they knew, or should have known, about the pothole and failed to repair it within a “reasonable time,” defined as 30 days or longer.    

In addition, MCL 691.1407, which provides governmental agencies with immunity from liability in most instances, including prior knowledge of a road hazard, is used to deny the majority of claims for reimbursement of damages caused by potholes.

Recommended reading: Winter Car Accident Statistics Every Michigan Driver Should Know

How do I file a claim for pothole repair damage?

Despite the above obstacles, you may still want to file a claim for reimbursement of repair costs. Here are the steps to take:

• Michigan Department of Transportation (MDOT) is only responsible for state trunk lines (roads beginning with M, I or US). For damage under $1,000, file a claim on the MDOT website, www.michigan.gov/mdot.
• For damages incurred on state trunk lines over $1,000, consult an experienced accident attorney about filing a lawsuit
• If the road is managed by a county, city or township, call the office or visit the website of the appropriate municipality to find out how to report potholes or file claims for reimbursement.
• Take photos of the pothole if possible as well as the damaged area of your vehicle.
• Save receipts and other documentation relating to the damage and repair costs.
• If there are witnesses, ask for their names and phone numbers in case you need to contact them later.
• Find out if a municipality knew about a pothole by filing a Freedom of Information Act (FOIA) request with the governmental entity that has jurisdiction over the roadway.
• Report hazardous potholes to the appropriate municipalities regardless of whether your car was damaged

Will my Michigan No-Fault coverage pay for pothole repairs for my vehicle?

If your No-Fault policy includes collision coverage, you may be able to claim pothole damage. However, you may be responsible for paying the deductible specified by your policy. Additionally, many insurance companies raise premium rates after a claim is filed, even when the policy holder is not at fault for the incident that caused the damage.

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What if I am injured in an accident caused by a pothole?

Although the specifics of each claim may be different, injuries resulting from a pothole-related car accident are typically covered under Michigan No-Fault insurance. If only one car is involved, the driver’s policy (or the policy covering the vehicle) would cover medical expenses according to the Personal Injury Protection (PIP) medical benefits specified in the policy.

When another car is involved, it may be possible to sue the at-fault driver for expenses that exceed the No-Fault policy limits as well as intangible damages such as pain and suffering.

Therefore, it is wise to contact a knowledgeable auto accident lawyer if you are injured in an accident caused by a pothole.

CONTACT AN EXPERIENCED CAR ACCIDENT LAWYER TODAY

If you or a loved one is injured in a Michigan car accident, we can help. Our experienced lawyers have the expertise and resources to build a successful case and win the compensation you deserve.

Car accident law is complicated, but finding the right Michigan car accident lawyer is simple.

Get your case started today by clicking on the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.