How to file a claim against the state or your local road commission for pothole damage

How to file a claim against the state or your local road commission for pothole damage
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TAYLOR, Mich. (WXYZ) — Potholes are popping up everywhere, causing headaches and a whole lot of damage. But did you know you can file a claim against the state or local road commission for pothole damage?

Watch Jolie's report below

How to file a claim against the state or your local road commission for pothole damage

Potholes across southeast Michigan are wrecking cars and draining wallets. So I set out to learn when the state or local municipality will actually pay up, and what you can do after the damage is done.

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“There are many, many potholes, especially on the side streets," said Taylor resident Kellie Albig.

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"They're everywhere, literally," said Romulus resident Briyanna Williams.

Warmer weather during the day and cold temperatures at night: that's what's causing these problematic potholes.

“And if you’re going too fast, of course, it’s not going to be a good outcome," Albig said.

“Just within the last two months, I had to replace two tires," Williams said.

They're holes with hidden dangers, but it's possible you could be paid back for pothole damage.

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"Anyone can file a claim in the state of Michigan," said Diane Cross, a spokesperson for the Michigan Department of Transportation (MDOT).

Cross said claims should only be submitted to MDOT if the damage happened on state roads; that's any road beginning with an M, I, or US. But under state law, you can only get reimbursed if the road agency knew about the pothole for 30 days and failed to repair it.

“We had 75-100 claims last year, and unfortunately none of them were paid because we did get out there to fix it as soon as we knew about it," Cross said.

Cross said if you're looking to file a claim, go to Michigan.Gov, search 'Damage Claim', complete the form, and send it to the appropriate office in Detroit, Wayne or Oakland County. Keep in mind, cities and counties have their own road departments and handle their own claims.

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“February is typically time when you see a lot of them come up. Now through April will probably be the worst time of the year," said Craig Bryson with the Oakland County Road Commission.

Bryson said you can file on their website, and asks that you include when and where the damage happened, along with proof, such as a tire receipt.

“Again, that doesn’t guarantee that you’ll be reimbursed, but if we do find that it was a pothole we knew about but didn’t fix, that will be necessary to pay the claim," Bryson said.

Both Cross and Bryson told me that the best way to avoid these costly craters is to be alert and cautious behind the wheel.

“You want to go slower because if you hit them with a higher speed, you get more damage," Cross said. "You really have to drive defensively, that’s the best way to help yourself.”

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