Car damaged by a pothole? Follow these steps when filing a claim

BOSTON — Bob Chiccarelli hit a pothole while driving in Marlborough a few months ago. He said the flat tire and suspension damage cost him $600 to fix, but he never considered filing a claim with the City of Marlborough.

“I know people who have filed claims through cities and towns and it’s not an easy process,” Chiccarelli said. “By the time you get [a result], you’ll be old and gray.”

MassDOT and many Massachusetts towns and cities, like Boston, have sections online explaining how to file a claim for damages caused by potholes. But is it worth your time? In 2019, 25 Investigates obtained three years of claims filed in Lowell, Plymouth, and Worcester. Out of 341 claims, only 29 resulted in a payout.

“Unfortunately, the odds are stacked against you almost completely,” said David White, a Boston personal injury attorney.

We spoke with White about the steps that give you the best shot at winning your claim.

DOCUMENT THE DAMAGE AND THE POTHOLE

Take plenty of pictures or video of your vehicle’s damage and if possible, take photos of the actual pothole. Look for evidence of other incidents, like blown-out tires, broken hubcaps and other debris. This may be evidence the pothole has been there a while and should have been fixed sooner.

“It would indicate the hole has been there for a long time and the town should have been given notice of it. The town or city will say, ‘If we don’t have notice, we’re not responsible,’” White said.

SUBMIT YOUR CLAIM IN WRITING WITHIN 30 DAYS

White said you have to make a claim in writing within 30 days of the damage. If you pass the one-month mark, White said you no longer have legal standing.

“If you don’t make the claim within 30 days, your claim will be absolutely barred,” White said.

DON’T GET YOUR HOPES UP

White said you should still anticipate being denied by the town or city. One reason he said is a section of the law known as contributory negligence. If the town can prove you’re just one percent responsible--i.e. you should have noticed a big hole in the road--then the town will claim it is not responsible to pay for the damages.

“If you can be shown to be just one percent at fault for the damage to your car, then the town will not make any payment whatsoever because they can rest on this defense of contributory negligence,” White said.

Chiccarelli said in his case, it wasn’t worth the hassle.

“You just move on and try to be a little bit more attentive when you’re driving,” Chiccarelli said.

This is a developing story. Check back for updates as more information becomes available.

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