Most pothole claims against local municipalities go unreimbursed

A car splashes through a pothole on Courtland Avenue in Kitchener on Wednesday, Feb. 24, 2016.

Drivers whose vehicles are damaged by potholes are able to submit claims to local levels of government for reimbursement – but that doesn’t mean they’ll see any money.

Last year, 88 claims were made against Waterloo Region’s municipalities relating to damage from potholes.

Of those 88, all but seven were denied.

Craig Smith, a risk manager with the insurance pool that handles claims against local municipalities, says courts have found that governments can’t repair potholes “instantaneously,” and are only liable when negligence in repair can be proven.

“Potholes develop in a matter of hours, depending on weather conditions,” Smith said in an interview.

“The courts have determined that drivers do have to take their own care.”

Claims are to be submitted in writing, within 10 days of the incident, to the municipality that maintains the road where the incident occurred.

Smith says the claim should include details on where the pothole was – photographs being the most helpful evidence – as well as what time of day it was hit, and what damage resulted.