Fact check: Driver reimbursement policies for pothole damage vary by city, state

BrieAnna J. Frank, USA TODAY
·3 min read

The claim: Cities will pay drivers for all vehicle damage caused by potholes

A Jan. 9 Facebook post (direct link, archive link) claims local governments will fully reimburse drivers affected by a costly road hazard.

“Did you guys know if you hit a pothole and it caused damage to your vehicle, you can go down to city hall and file a complaint and show them the damages of your vehicle and they will pay to fix your vehicle since it’s a city issue!!” the post reads.

It was shared more than 30,000 times in one week.

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Our rating: False

There is no universal policy for pothole damage reimbursement, so in many cases damage done from a pothole won't be covered by the municipality. Officials in various cities and transportation departments, as well as an insurance agency, told USA TODAY that policies vary by jurisdiction.

Cities, states have differing policies for pothole damage claims

State and local governments are responsible for road maintenance and can set their own policies for if and how they reimburse drivers for pothole damage.

None of the municipalities researched by USA TODAY offered blanket approvals for the full cost of every claim as the post asserted, however.

Drivers in Chicago, for example, have to submit materials including a claim form and either a receipt for damage repair or two written estimates. If the city’s small claims team approves the application, the driver may be compensated for half of the cost of repairs.

The compensation model is based on the idea that the responsibility for the incident lies partly with the road conditions and partly with the driver’s ability to avoid the hazard, said Anne Emerson, chief of staff to the Chicago City Council's Committee on Finance.

New York City will only accept liability for property damage if the city was given written notice of the hazard and failed to repair it within 15 days, according to the Comptroller’s Office. After receiving a claim, the office will investigate and may try to reach a settlement with the driver based on the results.

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TIME reported in 2014 that damage claims are often rejected. Local news outlets, including KMTV in Omaha, Nebraska, and WRIC-TV in Richmond, Virginia, have also reported that reimbursement applications are usually denied in their respective cities.

The Texas Civil Practice and Remedies Code prevents the Texas Department of Transportation from using state funds to compensate drivers for damage that happened because of highway conditions, such as potholes, said department spokesperson Julien Devereux. Drivers should instead contact their insurance company.

A driver whose vehicle was damaged by potholes should first determine what jurisdiction is responsible for the road and then look into whether it has a compensation policy, State Farm spokesperson Heather Paul said.

Echoing guidance from the insurance agency’s website, Paul said drivers should file a claim as soon as possible after an incident because of the time limitations for doing so in some areas.

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USA TODAY reached out to users who shared the claim for comment.

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This article originally appeared on USA TODAY: Fact check: Pothole damage reimbursement process varies by city