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Who’s Responsible for Pothole Damage?

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Who’s Responsible for Pothole Damage?

Potholes are part of driving in New England. AAA reports that pothole damage accounts for around $3 billion a year in damages, accounting around 500,000 insurance claims per year,

Potholes happen mostly during the freeze/thaw winter months as water seeps into small cracks in the road and freezes.

The cracks expand and contract, combined with heavy traffic, pavement age, vehicle weights, and snow plows, cracks become potholes. 

So who’s Responsible for Pothole Damage? You are! In Massachusetts, it’s almost impossible to get the state or town to pay up for your pothole damage.

That’s because according to Massachusetts law MGL c.81, s.18 – Defects in Highway, Liability (State Roads) and  MGL c.84, s.15 – Personal injuries or property damage from defective ways (City or Town Roads).

You’ll need to prove that the state and/or town was negligent in repairing and maintaining road conditions.

But some towns and cities will reimburse drivers for vehicle damage caused by potholes.

  1. Take a picture of the pothole and damage to your vehicle.
  2. Determine who is responsible for the road (town/city/state).
  3. Get estimates from your local auto repair shop.
  4. Submit your claim for approval.

So invest some time, you could get reimbursed without paying an insurance deductible.

Check out the City of Boston’s claim procedure.

Is Pothole Damage Covered by Insurance? Yes. Car insurance will usually recognize an immediate damage claim, but you'll probably pay a deductible and get a rate increase at renewal time.

Contact us with any of your pothole-related concerns. You'll always find honest advice, good tiresquality service, plus the people and support you need to make your new tires a good investment.

For more about us, read our reviews on GoogleYelp, and Surecritic.

 

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