What Detroit Drivers Should Know About Pothole Damage

WHO IS RESPONSIBLE FOR DETROIT POTHOLE DAMAGE?

Much like property owners, Michigan governmental agencies at the state, county and local levels have a duty to keep the property within their control safe and free from hazardous conditions, including potholes.

However, obtaining compensation from a government agency is no easy feat because Michigan laws include exceptions and conditions that make it difficult for drivers to recover repair costs.

For example, Michigan law exempts governmental agencies from liability unless they “knew, or in the exercise of reasonable diligence should have known” about the pothole or defect for at least 30 days before the damage occurred and failed to take action to repair or remove the hazard.

Proving a governmental agency knew about a pothole is a challenging task. Nonetheless, it is possible to obtain certain records by filing a Freedom of Information Act (FOIA) request with the appropriate municipality. However, government agencies may charge fee(s) for the time it takes to search their databases and for copying the requested records. These fees vary depending on the agency and the nature of the request. 

In addition to these challenges, many state, county and local government agencies deny claims for pothole damage repairs based on a Michigan law that gives immunity from liability in certain situations.

DOES MICHIGAN NO-FAULT INSURANCE COVER POTHOLE DAMAGE?

If your No-Fault policy includes collision coverage, pothole damage may be covered. However, insurance companies may treat damage from potholes or other road defects as a collision claim. This means you may need to pay the deductible. In addition, some policies do not cover tire damage, even if it is caused by a defect on a public roadway like a pothole.

In addition, while you are not at fault for the pothole damage, filing an insurance claim could result in a rate increase. Therefore, it is a good idea to consult your insurance agent before claiming the Michigan pothole repair costs.

HOW DO I FILE A CLAIM FOR POTHOLE REPAIR DAMAGE?

For those who are willing to brave the obstacles, here are some guidelines for filing a claim for reimbursement of the repair costs:

• File a Freedom of Information Act (FOIA) request with the appropriate governmental agency to learn whether the municipality knew about the pothole
• For pothole damage under $1,000 that occurred on a road beginning with M, I or US, file a claim for reimbursement with The Michigan Department of Transportation (MDOT)
• For damages greater than $1,000 that occurred on state trunk lines, contact a Michigan pothole accident attorney to file a lawsuit against the responsible party
• If the road is managed by a county, city or township, call the office or visit the website of the appropriate municipality for information on filing a claim for reimbursement of repair costs
• If possible, include photos of the pothole and the damage to your vehicle, witness statements and repair bills and other relevant documentation

In addition, drivers should report hazardous potholes to the appropriate municipalities even when there is no damage.

WHAT IF I AM INJURED IN A DETROIT POTHOLE ACCIDENT?

In addition to vehicle damage, pothole accidents can result in serious injuries. For example, hitting a deep pothole or swerving to avoid one may cause a driver to go off the road or hit another car.

If you are injured in a pothole-related car accident, your medical expenses are typically covered under your own Michigan No-Fault policy. However, unless a policy has unlimited Personal Injury Protection (PIP) medical benefits, reimbursement of accident-related costs is limited to the amount of PIP medical coverage selected by the policyholder.

If someone else caused the accident, a victim may be able to recover excess medical expenses and non-economic damages such as pain and suffering by filing a lawsuit against the at-fault driver. 

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