It has become apparent to Michigan drivers that potholes are a major issue and the source of many auto accidents. Many drivers place the blame on government officials for not focusing on the state’s infrastructure, but drivers have a more immediate concern. The potholes are known for causing extensive vehicular damage, which brings many individuals to ask the question “Is pothole damage reimbursable in Michigan?”
Government Responsibility for Road Maintenance
In short, the answer is yes. Michigan officials implemented a program to reimburse drivers whose vehicles are damaged by potholes in the roads, but one must understand what classifies as a reasonable repair.
What Classifies as Reasonable Repair
According to the law, the agency (city officials) must have had actual or constructive notice of the road conditions prior to the accident taking place for the individual to receive reimbursement. This means that someone would have to inform them about the pothole (or defect) prior to it causing you damage for you to receive compensation.
This can be difficult to prove, but if the pothole or defect has been visible to drivers for 30 days or more, the law recognizes the road flaw as “reported” and will reimburse individuals whose vehicles were damaged as a result. It is not a requirement to prove that the government agency knew about the pothole for over 30 days, but if it is possible to establish prior knowledge, it could make your case much stronger.
Filing Claims for Pothole Damages
You can file a claim against your insurance company if your policy includes collision coverage and they do not compensate you for pothole damages, but doing so has its ups and downs. Although you don’t have to prove the negligence of the government or agency responsible for the road maintenance when filing a claim against your insurance company, your monthly premium could increase.
Michigan Legal Center has vast knowledge of the legal system and is aware of all the dangers present on the roads, including potholes. Our experienced attorneys can help ensure that you are accurately compensated for any damages to your vehicle that was no fault of your own. Contact us today for a free case evaluation with an experienced personal injury attorney.