Hitting a pothole in Indianapolis can lead to an expensive repair. Filing a tort claim with the city could help you get reimbursed for damages to your car.
Teeth-clacking, tire-blowing potholes are inevitable aftereffects of winter weather in Indianapolis.
Potholes — especially the ones seemingly large enough to swallow your car whole — can cause significant damage to tires, wheel wells and other components, and lead to expensive repairs.
Potholes form when moisture seeps into cracks in pavement. A constant freeze-thaw cycle in late winter and early spring causes that moisture to expand and contract, which breaks the pavement apart, causing potholes.
“It can cause significant damage to the tires and wheels, and throws off the alignment of the cars,” says Chris Cooper, owner of highly rated All Star Tire & Auto Service in downtown Indianapolis. “You pretty much know right away if damage has been caused. You get a wobble on your steering wheel or a vibration on your seat. The tire may be flat or close to flat.”
Repairs can cost hundreds of dollars or even more. Drivers may be eligible for compensation by the city of Indianapolis, but the city pays out a limited amount that varies year to year. When the funds dry up, affected vehicle owners with pending claims are out of luck.
How to report a pothole
It’s the job of cities, counties and local governments to fix potholes by filling them with an asphalt patch. But Scott Manning, public information officer for the Department of Public Works in Indianapolis, says the city relies heavily on residents to alert it to pothole locations.
“We encourage drivers to report potholes,” Manning says. “That’s the most effective way for us to keep track. One of the biggest challenges is when people assume potholes have already have been reported to the city.”
The city relies on drivers to report potholes through three avenues: A Request Indy Mobile app for smartphones, the Mayor’s Action Center (317-327-4622) and RequestIndy Online Portal, which allows drivers to see if the pothole they hit had previously been reported to the city and had not been fixed.
Manning says the city fills potholes in the order in which the reports come in.
“The average turnaround is about four days,” Manning says. “The sooner a pothole gets reported, the sooner our crews can get out and apply a patch.”
He adds turnaround can be longer if crews are out removing snow from streets.
To increase your chances for reimbursement for pothole damage, immediately report the pothole location to city officials, as well as the damage it caused. (Photo by Steve C. Mitchell)
Getting reimbursed for damage
In order to be reimbursed, drivers in Marion County who feel the city was negligent for not fixing a pothole must file a tort claim, that proves the city was at fault. Manning says drivers can file a tort claim in writing with the city, which is then reviewed by the Office of Corporation Counsel’s Litigation Section.
The city, by law, has up to 90 days to process the claim and reply by either denying it or offering a settlement. If denied, the driver also has the opportunity to file an appeal with the city.
The chances to receiving a settlement are higher if the city previously knew about the pothole damage but hadn’t fixed it yet in a timely manner. The city’s Office of Corporation Counsel’s Litigation Section could not be reached for comment at the time of this posting, but according to past reports, the process is subjective, and the city advises drivers to report potholes in a reasonable time period.
When the city approves a claim, it mails settlement paperwork out to the affected driver. After the driver fills out that paperwork, it can take up to seven weeks to receive a check.
Sara Walling, an Angie’s List member who lives in the Castleton area, says she drove over a pothole last winter on Masters Road on the city’s Far Northeast side. Walling says she had to buy a new bumper, wheel and tire and rent a car, which cost her about $900 out of pocket. She filed a report with the city, Walling says, but didn’t win her claim.
“They said there hadn’t been enough notice,” says Walling, who says the city filled in the pothole hours after she hit it.
Although disappointed with the outcome, she says the tort claim was easy enough to fill out.
“But I didn’t know there was an appeal until [a media story came out about it],” she says. “By then, I couldn’t do anything about it.”
The limited amount of money for such claims comes from the Department of Public Works’ budget.
According to media reports, in 2011 residents filed 1,200 claims, and the city paid more than $150,000. But in 2012, no money was awarded out of 145 claims filed. And in 2013, drivers submitted claims for 156 incidents, with the city awarding $3,553 in damages. However, that doesn’t mean every claim was settled. As of early September 2014, the city had approved only 13 claims of the more than 1,100 filed, paying out about $3,600, according to media reports.
Repair costs vary
Potholes cause an estimated $5 million in damage each year nationwide, according to AAA.
According to a AAA press release, drivers should make sure their vehicle tires are properly inflated and check that the tread depth is adequate. It also advises having a technician check that the struts and shock absorbers are in good shape.
“Lots of potholes are developing, and [you] really need to keep the suspension in check,” says Leann Kinney, owner of highly rated Jeff’s Auto Service in Hopkins, Minnesota.
Repairing pothole damage can be expensive. It can cost more than $100 to replace a tire, while replacing a cracked wheel well is $100 or more. Fixing a car’s alignment, meanwhile, can cost several hundred dollars, according to highly rated mechanics.
Potholes can also cause low tire pressure, cause the tire to bubble and damage the aluminum wheel. In worst-case scenarios, potholes can damage your car’s bumper, suspension and shocks and cause more than $1,000 in repairs.
Most insurance companies, according to their websites, cover pothole damage if the expenses are more than your deductible.