Potholes. New England Drivers beware!

This time of year, the potholes show up. They’ve been lurking under the surface and now that we’ve had snow, rain, warm weather, cold weather…..it’s the perfect recipe.

So what IS the story with potholes and insurance?

Well…it’s a complicated relationship.  The good news is MOST potholes aren’t large or deep enough to do much instant damage to your car, but it can happen. Filing an insurance claim for your damages with the thought that you aren’t responsible MAY seem like the best idea, but it really isn’t. You will be responsible for your deductible, and having hit something IN/ON the road means you are at fault (until you can prove otherwise).

Thinking of filing for reimbursement from the town or state? It gets more complicated. There is a decades old law in Massachusetts that states that municipalities need to have prior knowledge of a pothole or road defect AND need reasonable time to fix it.

So, bottom line, what should you do if you find yourself on the side of the road after popping a tire and sustaining damage from hitting a pothole? Take pictures of your damage and the pothole, notify the Department of Public Works or Highway Department. You can file a claim with the towns insurance company, but the chances are slim you will be reimbursed.

As always, if you find yourself in the above situation, give us a call, We’re Here for You.