How Can I Make a Pothole Claim?

Last Updated on December 21, 2025

Potholes can crack wheels, blow tires, bend suspension components, and throw your alignment off in seconds. If you hit one and your car is damaged (or someone is injured), you may be able to recover some or all of the costs through (1) your insurance, (2) the city/county/state that maintains the road, or (3) both.

Below is a practical, step-by-step guide to making a pothole claim—plus how to decide whether it’s worth filing an insurance claim or paying out of pocket.

Key Takeaways

Document the pothole, the location, and every bit of vehicle damage immediately—photos, video, notes, and witness info make or break pothole claims.
Pothole damage is usually covered under collision coverage (not liability-only), and your repair costs must exceed your deductible to get paid.
You can file with the city/county/state that maintains the road, but approval rates can be low and deadlines can be short, so file quickly and include strong proof.
If injuries are involved, government-liability rules and timelines can be strict—consider legal guidance early instead of relying only on reimbursement forms.

Table Of Contents

Step 1: Get safe and protect the scene
Step 2: Document the pothole and all damage
Step 3: Report the pothole to the correct agency
Step 4: Get a written repair estimate (and ask what failed)
Step 5: Decide which claim route makes sense
If you were injured: treat it as a legal claim, not just car damage
How to prevent pothole damage
FAQs on Pothole Claims

Step 1: Get safe and protect the scene

If your car is pulling, leaking, or unsafe to drive, turn on your hazards and move to a safe spot as soon as you can. If you can’t move safely, stay in the vehicle (seatbelt on) and call for help. Your first goal is safety—everything else comes after.

Step 2: Document the pothole and all damage

Your claim is only as strong as your proof. Before you leave the area (if safe), take photos and notes. Use this guide for what to capture: how to document damage and gather evidence for a car insurance claim.

Photos/video of the pothole (wide shot showing the road, close-ups showing depth/edges, and a “size reference” like a shoe or tape measure if possible)
Location proof (street signs, cross streets, mile markers, GPS screenshot, or map pin)
Photos of your vehicle damage (wheel, tire sidewall, suspension area if visible, undercarriage, and any dashboard warning lights)
Notes (date/time, weather, traffic conditions, speed estimate, and exactly how the impact happened)
Witness info if anyone saw it happen

These details make it easier for claims adjusters (and government claims reviewers) to understand exactly what happened and why the pothole likely caused the damage.

Step 3: Report the pothole to the correct agency

Reporting the pothole helps get it repaired and creates a record that it existed. Use your local 311 app/line (if available) or the road authority’s reporting form. If you’re not sure who maintains the road, start with the city’s website, then escalate to the county or state DOT for highways and interstates.

Do you need a police report? Usually not—but rules vary by state and situation. Here’s a quick explainer: do you need a police report to file a claim?

Step 4: Get a written repair estimate (and ask what failed)

Before you file anything, get an estimate from a reputable shop. Ask them to list the damaged parts and include a brief “cause” note if they’re willing (for example: bent rim and damaged tire consistent with pothole impact). This can be helpful when you’re trying to prove the pothole caused the damage and when you’re figuring out how to go through your insurance company to get repairs done.

Step 5: Decide which claim route makes sense

You generally have two options: file with your insurance and/or file with the government agency responsible for the road. Sometimes you do both.

Option A: File an insurance claim (faster, but may cost you long-term)

Pothole damage is usually treated like an at-fault accident because it’s considered a collision with an object/road hazard. In most cases, you’ll need collision coverage to get paid for wheel/tire/suspension damage.

If you only carry minimum coverage auto insurance (liability-only), you usually won’t have coverage for your own vehicle damage from a pothole.

Also check your deductible math: your repairs must exceed the deductible before insurance pays anything. If your deductible is $1,000 and repairs are $900, filing likely doesn’t help.

Potential downside: a pothole claim can still trigger a rate impact in some cases. Learn more here: does your car insurance go up after an accident? If you carry a high deductible, it’s even more important to consider whether filing is worth it. (Related: can I raise my deductible to save on car insurance?)

If you decide to file, follow this checklist to avoid mistakes: the proper way to file an insurance claim after an accident.

Option B: File a claim with the city/county/state (slower, approval rates can be low)

If the road agency was negligent (for example, the pothole was reported before and not repaired within a reasonable time), you might be able to file a reimbursement claim. The challenge is that government claims often have strict notice rules and short deadlines (sometimes as little as 30–180 days), and agencies frequently deny claims unless you can prove prior notice and negligence.

State-by-state rules vary a lot. For example, some states make reimbursement difficult or limit what agencies can pay. If you live in California, news reporting has shown that highway pothole claims can be approved at low rates depending on the year and the agency—so documentation matters even more.

When you file a government pothole claim, you typically need:

Your photos/videos and a written incident summary
Proof of the exact location (street/mile marker)
Repair estimates/receipts
Any proof the agency had notice (prior reports, public complaint logs, emails, 311 ticket numbers)

Option C: Do both (and let insurance subrogate)

Sometimes the best move is filing with your insurer first (so your car gets repaired) and also filing a claim with the road agency. Your insurer may attempt to recover its payout (and possibly your deductible) from the responsible party through subrogation—especially if you have strong documentation. Ask your adjuster whether they pursue pothole subrogation in your state.

If you were injured: treat it as a legal claim, not just car damage

If a pothole crash caused injuries (especially serious injuries), don’t rely on generic forms and hope for the best. Government liability rules are complicated and deadlines can be short. If you think there’s a negligence case, consider speaking with an attorney about when to hire an auto insurance lawyer and what deadlines apply in your area.

How to prevent pothole damage

You can’t avoid every pothole, but you can reduce your odds of expensive damage:

Slow down on rough roads and after storms (potholes often expand quickly with water and freeze/thaw cycles).
Leave more following distance so you have time to see hazards.
Avoid swerving at the last second if it puts you into another lane or toward pedestrians—safety first.
Don’t drive impaired—reaction time matters. (Related: DUI/DWI insurance.)
Report major potholes quickly so they get fixed before more drivers are damaged.

If you hit a pothole and your car is damaged, don’t assume you’re stuck paying the whole bill. Document it thoroughly, report it to the right agency, get a solid estimate, and choose the claim route that makes the most financial sense for your situation.

FAQs on Pothole Claims

Is pothole damage covered by car insurance?

Usually, pothole damage is treated as a collision with a road hazard, so it’s typically covered under collision coverage. Liability-only (minimum coverage) usually won’t pay for your own vehicle damage from a pothole.

Do I need a police report to file a pothole claim?

Often, no—especially if there was no crash with another vehicle. But rules vary by state and insurer, and a report can help document the time, location, and circumstances. If you’re unsure, ask your insurer what they require.

How do I know whether the city, county, or state is responsible for the pothole?

Start with where it happened. City streets are typically maintained by the city, county roads by the county, and highways/interstates by the state DOT. When in doubt, report it to the city first and ask which agency owns that segment, or look up the road authority on your state DOT site.

Should I file with my insurance company or the government agency?

Insurance claims are usually faster but may increase your rates and you’ll pay a deductible. Government reimbursement claims can avoid a claim on your policy, but approval rates can be low and deadlines can be strict. Many drivers do both and ask their insurer about subrogation.

When is it better to pay out of pocket instead of filing an insurance claim?

If repairs are close to (or below) your deductible, or if you’re worried about a potential rate increase, paying out of pocket may be cheaper long-term. Compare the repair estimate to your deductible and consider your claim history before filing.

What evidence makes a pothole claim more likely to succeed?

Clear photos/video of the pothole and damage, exact location proof (street signs or mile markers), a written timeline, repair estimates/receipts, and any evidence the agency had prior notice (311 ticket numbers, prior complaints, or public maintenance logs).

Can I sue the city or state for pothole damage?

Sometimes, but government liability rules and notice deadlines can be strict, and many claims are denied unless you can prove negligence and prior notice. If the damage is significant or injuries are involved, consider getting legal advice quickly to avoid missing deadlines.