Pothole damage claim repayments questionable

Tire sidewall damages cannot be repaired, but some wheel rims can be after a hard pothole hit. The government seldom pays claims, though.

Citizens who file damage claims to their property from hitting potholes have a process to go through to recoup money they pay to have cars/tires/rims fixed, but is it just a waste of time appealing to a city or state for redress?

According to a local Atlanta attorney, ATL311claim requests implemented in 2014 are just a formality that could leave complainants frustrated. She says that government agencies have wide "discretion" to fix potholes and high priced lawyers who can make sure governments do not pay for damages despite attempts by citizens.  She said that she was not aware of any payments in Georgia to compensate citizens for pothole damages to cars.

Researching how to sue a state or municipality is time consuming. It's at the pleasure of the Atlanta City Council to fix potholes on local streets, and if they don't know one exists, they can't be held liable. Right?

So why was the process set up under Ga. Code Ann. § 36-33-5? Probably to alert the city that there is a problem, after the fact. This way, citizens are providing a voluntary, free service that the city is using to fix potholes which can be very hazardous on city streets. And if a claimant's damages are below their insurance deductible amount, there's no use in filing a comprehensive claim. Three claims, and you're out of insurance.

So what should you do? Avoid traveling down city streets after a bad winter, because you just could hit a pothole. Trying to swerve and avoid it could be worse. You could run into someone else. And traveling back to take pictures of the pothole could also be dangerous.

I asked the following questions to Antoinette Govan, Sr. communications office in Mayor's office of Communications:

1. How many pothole claims per year since 2014 have been made when Atl311 was implemented? Are claims documented by street? Which street has had most claims?

2. Of claims made, how many were paid? What was the average amount paid? How were these claims successfully resolved?

3. If not paid, what were the reasons why not paid?

4. Is the city depending on citizens to report these claims in order to have potholes repaired? How does the City council and mayor use discretionary powers to decide which potholes to repair? Are repairs made by city employees or contractors?

5. How are pothole markings and repairs documented by written report or photos?

6. What causes potholes? Bad weather, snow removal, improper drainage?

Here are her responses:

“To the best of our knowledge, there is no mechanism to track responses for your first three questions. (Therefore, a Freedom of Information request would be futile.) Pothole repair is not solely dependent upon citizen reports, but we do encourage residents to report these types of issues to our ATL311 customer service call center via phone (404-546-0311) or website (www.atl311.com)

Potholes are repaired once a service request has been made; therefore, they are recorded digitally. Potholes are formed when a small road defect where the asphalt top and base layers have failed and eroded away due to traffic volume and weather."

In England, it was reported in 2012 This is Money Reporter, "One in eight motorists have suffered damage to their cars from neglected roads and potholes in the past two years, with millions of pounds being paid out in compensation by cash-strapped councils, research has found."

In another large U.S. city, Indianapolis, it was reported by Fox59 news that in 2017, a driver’s chances of reimbursement was nine percent. "So far in 2018, chances have shot down again. With 129 people claims filed, 38 are still awaiting a final decision. Eighty claims have already been denied and only one person has gotten money back. Just one person. 

"The OCC data shows that driver received $203.83. FOX59 asked what factor or factors is behind most of the denials. The OCC hasn’t responded at the time of this publication. However, we have reported before that DPW records must show a complaint was filed about the pothole before you hit it in order to be reimbursed. So far in 2018, chances have shot down again. With 129 people claims filed, 38 are still awaiting a final decision. Eighty claims have already been denied and only one person has gotten money back. 

"Just one person. The OCC data shows that driver received $203.83. FOX59 asked what factor or factors is behind most of the denials... we have reported before that DPW records must show a complaint was filed about the pothole before you hit it in order to be reimbursed."

In my opinion, the claims process should be more citizen friendly,  data of payments should be compiled and reported, and some percentage of claims should be paid. 

Regardless of the likelihood of repayment, attorneys still encourage citizens to file a complaint before six months from damage incident expires.