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Drivers Can File Claims For Pothole Damage

Treasury Department Confirms Road's Condition With TDOT

POSTED: 4:54 pm CST January 21, 2010
UPDATED: 7:31 pm CST January 21, 2010

It's a way of life and a sign of spring. But Paul Elliott said he hates what happens to the roads this time of year.

Video: File Claim For Pothole-Damaged Vehicle

"It seems like every day there's a new pothole," said Elliott. "Instantly, your hands are about to react, and then you have to check your reaction to make sure this reaction is going to work, but most of the time you just have to grin and bear it."

The Tennessee Department of Transportation is ready, too. But asphalt plants won't be up and running until March. So for now, it's a Band-Aid solution.

"Instead of using hot mix asphalt, which is the best fix for a pothole, we're having to use a different type of asphalt, which is a cold mix," said TDOT spokeswoman B.J. Doughty. "(It) doesn't adhere as well to the pavement."

But if those potholes cause your car damage, you can ask for relief. State law allows drivers to file claims and ask for help to pay repair bills.

"There's no guarantee what our decision will be on the claim," said Anne Adams, Department of Treasury.

It starts when you submit a list of facts to the Treasury Department's claims administration. Write down everything, including what it cost for a fix. The department takes it from there.

"When we get a claim, we contact the Department of Transportation and we confirm the condition of the road," said Adams. "We confirm whether DOT knew about the condition of the road before you hit it. And that's the key. Liability is based on negligence."

It's good news for Elliott.

"I didn't know they did it," he said, "so I'm encouraged that if I am damaged, I'm not out of luck."

The state turns down most claims because it can't find negligence. About two dozen car owners filed claims last year, saving them more than $11,000 in repairs.

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