What Detroit Drivers Should Know About Pothole Damage
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Detroit roads are notorious for potholes. Ask any driver who has paid a hefty repair bill after driving over one. Potholes do more than destroy tires and ruin suspension systems. Hitting a large pothole or swerving to avoid one can also cause a serious accident.
Who is responsible for Detroit pothole damage? Here is a guide to protecting your rights and receiving the compensation you deserve.
Do You Have a Case?WHO IS RESPONSIBLE FOR DETROIT POTHOLE DAMAGE?
Michigan governmental agencies at the state, county and local levels have a duty to keep highways under their jurisdiction reasonably safe and convenient for public travel. That duty is an exception to governmental immunity under the highway exception.
Obtaining compensation from a government agency is still difficult. Michigan law generally requires proof that the agency knew, or in the exercise of reasonable diligence should have known, about the defect for at least 30 days before the injury and failed to repair it.
Proving that knowledge is challenging. You may be able to obtain records by filing a Freedom of Information Act (FOIA) request with the appropriate municipality. Agencies may charge fees for search time and copies.
Governmental immunity still bars many claims that do not fit the highway exception. Injury claims against a governmental agency also have a short notice period, generally 120 days.
DOES MICHIGAN NO-FAULT INSURANCE COVER POTHOLE DAMAGE?
If your No-Fault policy includes collision coverage, pothole damage to the vehicle may be covered. Insurers often treat pothole or other road-defect damage as a collision claim, which means you may owe the deductible. Some policies do not cover tires.
Even if you did not cause the pothole, filing a vehicle-damage claim can affect your rates. Ask your insurance agent before you file.
HOW DO I FILE A CLAIM FOR POTHOLE REPAIR DAMAGE?
For those pursuing reimbursement of repair costs:
- File a FOIA request with the appropriate governmental agency to learn whether it knew about the pothole
- For damage on a state trunkline (roads beginning with M, I or US), contact the Michigan Department of Transportation (MDOT) about its claims process
- For larger claims or injuries, contact a Michigan pothole accident attorney
- If the road is managed by a county, city or township, call that office or check its website for claim instructions
- Include photos of the pothole and the damage, witness information, repair bills and other documentation when possible
Drivers should also report hazardous potholes even when there is no damage.
WHAT IF I AM INJURED IN A DETROIT POTHOLE ACCIDENT?
Hitting a deep pothole or swerving to avoid one can send a driver off the road or into another car.
If you are injured, medical expenses are typically covered under your own Michigan No-Fault policy, limited to the PIP medical amount selected by the policyholder unless the policy has unlimited coverage.
If another driver caused the crash, you may be able to recover excess medical expenses and noneconomic damages such as pain and suffering if you meet the injury threshold and are less than 50 percent at fault. A claim against a road agency for the defect itself is a separate, more limited path.
PUT OUR EXPERIENCED DETROIT CAR ACCIDENT LAWYERS TO WORK FOR YOU TODAY
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