State pays out thousands for pothole damage


LOCAL ROAD CONDITIONS AND HOW TO REPORT POTHOLES

MIDDLETOWN: Fifteen to 20 complaints of potholes have been reported, said Scott Tadych, Middletown's public works director. One to two city crews patch them up as soon as they can, but more extensive repairs are done in the spring, he said. The city's main priority is its major thoroughfares and roads with the highest traffic volumes, he said.

How to report potholes: Call 513-727-3691 or visit www.cityofmiddletown.org/potholes to fill out an online form

HAMILTON: The city has received 52 requests for potholes to be filled since Dec. 1, said Rich Engle, the city's public works director and engineer. He said the city tries to prioritize by taking care of the streets with the heaviest traffic volumes before addressing residential streets. If the pothole is severe, a crew is sent out to fix it immediately, he said.

How to report potholes: Call 513-785-7585 or use the city's Online 311 Citizen Request Center, which can be accessed at www.hamilton-city.org

FAIRFIELD: Dain McCune, Fairfield's street superintendent, said the city has not received a lot of complaints, but they have had crews out on the streets doing pothole patching when they receive calls from police or residents. He said more permanent pothole repairs are done during the summer months.

How to report potholes: Call 513-867-4235 or visit www.fairfield-city.org/publicworks/roadrepair.cfm to fill out an online form

WEST CHESTER TWP.: In West Chester Twp., potholes are repaired as complaints are received, said Tim Franck, community services director. He said the township does temporary pothole patching until permanent repairs can be made in the spring.

How to report potholes: Call 513-777-8765

TELL US WHAT YOU THINK

What do you think of the job local governments do at responding to potholes where you live?

Share your thoughts by emailing JNletters@coxohio.com.

If you don’t use email, you can mail your letters to: Journal-News, 7320 Yankee Road, Liberty Twp., Ohio 45044.

Don’t want to write a letter? Send your Speak Up comments to speakup@coxohio.com. This feature is for brief comments by readers who prefer to remain anonymous.

Rough roads and potholes cost motorists $67 billion a year in repairs — or an average of $335 per motorist — according to an association of highway officials. But drivers who hit a pothole and damage their vehicle on a state-maintained road in Ohio might get some of that back.

If the pothole damage is $10,000 or less, drivers can file a complaint with the little known Ohio Court of Claims, which was established in 1975 by the General Assembly. More than 1,300 Ohioans filed complaints in the past five years and were reimbursed nearly a half million dollars by the state.

About 265 Ohioans file pothole claims each year, according to the Ohio Department of Transportation. Those cases are reviewed by the court’s clerk, who makes an administrative determination if a driver is awarded damages. Interim clerk Daniel Borchert said the court sides with drivers’ claims 55 percent to 60 percent of the time.

He said drivers should immediately report the incident and begin preparing affidavits for use in the case. These can be statements of others who witnessed the same road conditions. Photographs of damage can also be submitted. He said plaintiffs also need to provide repair estimates and invoices.

Drivers have up to two years to file a claim on the state’s website at dot.state.oh.us/damagereport/.

Borchert said in the Court of Claims it’s the driver’s responsibility to prove the state is negligent. ODOT is required to file an investigative report, as well as supply phone logs and maintenance records of road repairs.

“I would encourage people to file. It’s a lower filing fee than any other small claims court. And if you win, you get your money back,” Borchert said. “You want people to get paid for damages occurring through the negligence of the transportation department.”

Borchert said there is no set timeframe for having a pothole fixed in determining negligence on the part of the transportation department.

“The defendant (ODOT) has a reasonable time to fix the pothole, depending on the weather and other factors.” Borchert said what’s reasonable could be three to five days, as in the event of blizzard conditions, but if a problem exists with ODOT’s prolonged knowledge, then a driver’s chances of recovery become greater.

Those who want to claim pothole damages from non-state roads may be able to file a claim with the appropriate county or local government.

If a car is damaged by a pothole in Middletown, the owner can contact the city’s Finance Department for a form, said Joyce McCoy of the finance department. She said the claims are sent to a third party administrator who decides if a claim should be paid or not.

In Hamilton, resident should contact the city’s Law Department, according to Rich Engle, the city’s public works director and engineer.

Officials in both West Chester and Liberty townships said the townships are not responsible for damage to vehicles from potholes on township roads.

Winter drivers also need to be aware pothole damage is usually not covered by a bare-bones liability insurance policy. According to the National Association of Insurance Commissioners, 71 percent of insured drivers purchase collision coverage in addition to liability.

A State Farm Insurance study of claims in 2011 showed pothole damage cost drivers an average of $300 to $700 to fix.

Bob Grove, owner Springboro Automotive, said a number of car parts can take a hit during a single encounter with a pothole resulting in an unsafe vehicle. He said a tire could be punctured, wheels bent, balance, alignment and steering all thrown off.

“When you bottom out hard you can break a shock or a strut,” Grove said. “It can be a significant safety issue if you break a ball joint or tie rod. You would not have good, safe control,” he said.

About the Author