Pothole damage your car? Here’s what it would take for the city of Tacoma to pay for it
In the land of perpetual drizzle, Tacoma drivers have gotten used to avoiding bumps and crater-like potholes on their commute. But if you end up damaging your car or hurting yourself as a result of a pothole, can you hold the city liable?
The answer is yes, but unless you can prove negligence on the city’s part, it’s hard to get a pay out.
Most pothole damage claims denied by Tacoma
From the beginning of 2019 through March 2024, the city of Tacoma received 614 claims for damages as a result of potholes. Most were denied.
Seventeen cases are still active, 100 claims were settled with the city, 434 claims were closed after the claims were denied and the statute of limitations expired, 24 claims were denied outright, 23 claims were closed without payment due to the statute of limitations, 15 claims were closed with payment, and one claim was tendered to a contractor, according to the city of Tacoma.
In 2022, 258 pothole damage claims were submitted to the city, up from 74 in 2021.
Since then that number has decreased, with 125 damage claims submitted in 2023. Residents are on track to exceed that number this year, with 64 claims submitted between January and March, according to city data.
There were likely more claims submitted in 2022 because of a winter storm in late December 2021 and early January 2022 that left Tacoma in below-freezing temperatures for 10 days, said city spokesperson Maria Lee.
“During long durations of temperature like this, the pavement and road subgrade will freeze, causing the roadway to heave and potholes to form. Snow accumulations during this event were in the 8-10 inches range depending on location in the city,” she said. “Coming out of that storm, during the thaw, potholes were abundant citywide.”
Crews temporarily patched 12,099 potholes and permanently repaired 2,889 potholes in 2023, according to the city of Tacoma.
Potholes reported to the public works department in 2023 and 2024 show District 2 has more potholes reported than any other city district.
In 2023 432 potholes were reported in District 2 compared to 295 potholes in District 1, 364 potholes in District 3, 283 potholes in District 4 and 280 potholes in District 5.
As of Thursday, 233 potholes have been reported in District 2 so far in 2024, as have 209 potholes in District 1, 198 potholes in District 3, 143 potholes in District 4 and 176 potholes in District 5.
What do you have to prove to get a pothole payout?
Potholes form when water seeps underneath and through the pavement. When the water freezes, it swells and expands under the road surface. As the water melts, a pocket remains under the road. The road surface cracks under the weight of passing cars and the pavement ultimately caves in, creating a pothole.
State law requires government entities to maintain roadways so they are “reasonably safe for ordinary travel.”
If you believe the city is at fault for an incident or accident resulting in loss, injury or damages, you can file a claim for damages that includes a detailed account of the event, location, dates, times, witnesses and supporting documents. The city claims adjuster then confers with the Street Operations Division to determine if the pothole was on a street the city had the responsibility to maintain, if the pothole was reported prior to the incident date, if it occurred in a construction zone and if the pothole has been repaired.
If the incident happened on a highway or state-owned property, you will have to file a tort claim with the Washington State Department of Enterprise Services.
To prove your case you’ll have to show the agency responsible for maintaining the road was aware of the road hazard and they had enough time to repair the road conditions but failed to do so.
“Potholes and defects can form quickly and unexpectedly and are usually considered road hazards. They are not due to negligence on the part of the City. Drivers should be aware of road conditions at all times and adjust their driving behavior accordingly,” according to the city of Tacoma’s website. “Tort law and case history have established that a municipality is not liable for a road hazard which it did not create unless it has received notice of the condition and had a reasonable opportunity to correct it. Therefore, most pothole and road hazard claims are denied by the City.”
Even if your claim is denied, it’s still a good idea to report potholes if you see them because that forces local governments to fix them, said Andy Ulmer, a law partner with Pfau Cochran Vertetis Amala and personal injury attorney based in Tacoma.
“There are so many people who feel like they shouldn’t complain because they feel like their complaint will just get ignored by the city, and so they kind of just carry on with their day,” Ulmer said. “But it’s really important that people do report potholes or other roadside hazards to the city or to WSDOT, the state, because for one, it’ll encourage local government to fix the condition. But two, it might also prevent a future collision or a future damage situation.”
You can report potholes and other roadside hazards by contacting Tacoma FIRST 311 online, dialing 311 within city limits or calling 253-591-5000.
Next week you’ll also have the opportunity to watch street crews fix potholes and improve roadways first hand in each of the five council districts as part of the June 3-7 Pothole Palooza. Weather depending, crews are planning to work on two projects per district each day.
With construction season upon us, The News Tribune will examine the state of Pierce County’s roads and streets over the next several weeks as part of its In the Spotlight initiative.
This story was originally published May 31, 2024 at 5:00 AM.
