Pothole Damage and Car Insurance – Who’s Responsible?

Pothole season is around the corner. The pattern of freezing and thawing of roads between December and April creates aggravating and dangerous cracks and potholes that are causing car accidents, injuries, and property damage.

Although potholes can happen in any climate, they tend to increase when snow and ice melt and seep into cracks in the road’s surface before freezing again causing the water to expand those cracks. Hitting a pothole unexpectedly can cause sudden and serious damage to your vehicle, like:

• Bend the wheel rims
• Damage to the exhaust or engine
• Destroy the shocks and struts
• Knock out the steering alignment
• Puncture or flatten a tire

Who is responsible for damage caused by a pothole? Can you simply submit a claim to your car insurance? The answers aren’t as easy as you think and often depend on the fine print in your insurance policy. A car accident lawyer can help you understand such a difficult situation.

How serious are potholes in Chicago?

Chicago has a pothole problem that seems to get worse each year. According to ABC 7 Eyewitness News, 17,000 potholes were reported across the city by March 2023. A year later, in March 2024, the City of Chicago’s website stated that over 140,000 potholes were filled, a “notable increase from years prior.”

Not only can potholes cause severe damage to your vehicle, but they also increase the chances of collisions. Drivers who can see potholes may quickly decide to swerve their vehicle out of the pothole’s direct path. Although this may seem wise to avoid vehicle damage, it can cause a collision if the vehicle veers out of its lane and strikes another vehicle.

Does my auto insurance cover pothole damage?

There are many types of car insurance policies, so your policy may cover damage to your vehicle from a pothole accident. The two types of insurance coverage most often mentioned by victims of pothole damage are collision coverage and comprehensive coverage. Here is some information about these two coverages:

1. Collision coverage: Collision coverage is an optional insurance coverage that you can add to your policy. This type of coverage protects you if you collide with or strike another object, which can be a pothole, vehicle, electrical pole, tree, street sign, etc. Therefore, if you run into a pothole and have collision coverage, your car insurance company will most likely cover the damage caused. However, remember that you cannot use collision coverage to pay for the wear and tear that your vehicle experiences from frequently navigating Chicago’s roadways, which are filled with potholes. If you use your collision coverage for pothole damage, your insurance company will reimburse you for the auto mechanic fees you pay out of pocket to fix your car, minus the deductible, which can range from $100 to $2,000.
2. Comprehensive coverage: Comprehensive coverage, on the other hand, is another type of optional insurance coverage that can be added to your policy. This type of insurance aims to reimburse you for certain situations, such as theft, flooding, fire, damage from falling objects, striking an animal, hail and windstorms, and more.

Before using your collision coverage to cover your pothole damage, remember that this will usually void any “safe driver” guarantees or discounts on your policy. Making a claim can also raise your rates, so consider your options carefully.

If you decide to make a claim, you probably have a deductible to pay first. You should consider whether it makes sense to file a claim based on the cost of repairs versus your deductible.

For example, let’s say your deductible is $500 for this type of damage to your vehicle, and the cost of repairs to your vehicle is $600; it may not make financial sense to file an insurance claim. Here’s why. First, the claim will end up paying you only $100 after you pay your deductible. Also – and important to note – because pothole damage falls under your collision insurance, your insurer may raise your rates. The $100 you pay now can save you hundreds more in the future.

However, if the pothole causes major damage, filing a claim may be your best option.

Is liability different for potholes on public roads vs. private roads?

Yes, if a pothole is located on a private road, it is typically considered the property owner’s responsibility to repair or fill it in. Therefore, if the property owner does not inspect their road for potholes, take the necessary steps to cover or fill them in, or even fails to warn people who may drive on the private road about the potholes, they are typically considered liable for any damage or injuries that occur. However, if the private road is being leased or maintained by another person or company, multiple liable parties could exist.

When a pothole is located on a public road, it is usually the city, state, or county’s responsibility to repair or fill it in. Therefore, if these government agencies fail to do so and an accident or damage occurs, they can potentially be found liable. However, proving government liability can be very challenging. If you experience pothole damage and believe a government agency is responsible, you should hire a car accident attorney to help you overcome these issues and seek compensation.

Is the city of Chicago responsible for pothole damage?

Chicago and all its surrounding areas have a legal responsibility to maintain and repair their public roads. If people are injured or their vehicles damaged in car accidents caused by potholes, the city may be held responsible. In fact, Illinois has its own program for citizens to recoup some of the costs from damage caused by potholes.

The Chicago City Clerk’s website provides a form for residents to fill out with accident details. Claims can take up to a year to resolve, and not all claims are approved. However, an experienced car accident attorney can work with you to ensure your paperwork is properly filled out with the correct documentation.

Can you report a pothole to the police in Chicago?

The best way to report a pothole in Chicago is not to call the police. Instead, the City of Chicago urges residents and visitors who see a pothole to call 311 or to visit the 311 website and submit a service request. After you complete and submit the required forms, you can track your service request to see when the city responds or repairs the pothole.

When you notify 311, you will need to know the exact location of the pothole and must be as detailed as possible to ensure that the Chicago Department of Transportation (CDOT) crews can locate and fix it promptly.

How can a car accident lawyer help me with my pothole accident case?

No matter how alert, attentive, careful, or cautious you are, avoiding potholes is not always possible. While you may want to stop or quickly move into another lane suddenly, it is not always a good idea, especially in high-traffic or high-speed areas. Therefore, if you find yourself involved in a pothole accident that results in damage or injuries, you may benefit from speaking with and retaining a car accident lawyer. They can help you with this type of case in a variety of ways, including:

• Investigating your accident
• Determining liability
• Collecting evidence
• Communicating and negotiating with insurance companies
• Identifying losses and calculating your damages
• Reporting potholes
• Submitting paperwork
• Meeting deadlines
• Explaining laws, legal rights, and insurance policies
• Representing you in court, if necessary

If you experienced damage or losses in a Chicago car accident, the attorneys at Gainsberg Injury and Accident Lawyers can provide informed legal guidance. Please call our office or complete our contact form to schedule a free consultation.