MDOT Outlines How to File a Claim for Cars Damaged by Potholes
“So you’re saying there’s a chance?” The Michigan Department of Transportation has outlined how to file claims for cars damaged by potholes.
MDOT has explained the process for motorist to file claims if their car has been damaged by a pothole. The catch? Certain conditions apply.
First, the pothole must be located on a state road. Those with a M, I or US prefix before it like M-1, I-75 or US-131. MDOT only has jurisdiction over those roads.
Second, to prove a highway defect claim, state law requires motorists to show that the road agency failed to maintain the highway in reasonable repair. What that means is the motorist must be able to prove that MDOT knew of the road condition and had opportunity to repair it or that the condition existed more than 30 days.
Now this is where it gets confusing. MDOT says claims for less than $1,000 must be submitted to their regional office or transportation service center that covers the county where the incident occurred. If the claim is more than $1,000, it must be filed with the Michigan Court of Claims. So basically, MDOT is saying there is only a one-in-three chance you’ll be filing the claim directly with them. Huh?
Which brings us back to “so you say there’s a chance.” If your car has been damaged by a pothole, there is a chance that you can get reimbursed for the repairs. However slim that may be! But if you want to try despite all the conditions, a claim form, instructions and local offices can be found here: www.michigan.gov/mdot