Living in New England means you’re likely no stranger to potholes. And no matter how hard you try to dodge them, potholes will inevitably cause damage to your vehicle and require some expensive repairs.
At Berry Insurance, our team often speaks with drivers annoyed to learn that their insurance carrier is penalizing them for having hit a pothole - and we completely understand their frustrations.
If your insurance is designed to protect you, then why should you be punished for something that wasn’t your fault to begin with?
In this article we’ll be discussing just that, including how insurance providers penalize drivers with surcharges for hitting potholes and why we believe it’s unfair.
Table of contents:
- Am I considered at fault when I hit a pothole?
- Does my insurance cover damages from potholes?
- How are drivers penalized after hitting a pothole?
- Who should be responsible for potholes?
Am I at fault when I hit a pothole?
Unfortunately, yes, drivers will typically be considered “at fault” when they file claims for damages from hitting a pothole.
Even though you likely played no part in forming the pothole and should not be held responsible for it, your insurance provider may still hold you liable for damages.
For more information on how potholes are covered, see this guide: Is Pothole Damage on my Car Covered by Insurance?
Does my car insurance cover damages from potholes?
Damages to your vehicle because potholes may be covered by your insurance, depending on the type and if you have collision coverage on your policy. Collision coverage is an optional coverage you can add onto your auto insurance policy that helps pay for damages to your vehicle when it hits other cars or stationary objects - including potholes.
While getting a simple flat tire from a pothole won’t be covered by your insurance, other damages like bent rims, broken hubcaps, scratched bumpers, or damages to your suspension or alignment may be covered.
When filing a collision claim on your policy, you must pay your deductible in order to receive the insurance pay out. However, if the estimated cost to repair your vehicle’s damages is below your deductible, your insurance would not pay for it.
How are drivers penalized after hitting a pothole?
Even when you are not responsible for the pothole, you may still suffer consequences for hitting one and reporting it on your policy for coverage. This consequence will typically come in a surcharge being applied to your policy.
Auto insurance surcharges are additional fees applied to your insurance premium, typically after the driver has demonstrated some degree of risky behavior.
The exact amount you can expect to pay after receiving a surcharge on your policy will depend on your carrier and the severity of the damages. In Massachusetts, each at-fault accident or traffic violation will have a specific surcharge point value applied to it. Your insurance premium will increase based on the amount of surcharge points you accumulate.
When it comes to accidents for Massachusetts drivers, there are two levels of surcharge, minor and major. Drivers can expect any claims that pay out over $5,000 to be considered a “major at fault loss”, affecting your policy more than a minor incident (minor typically being anything over $1,000).
Surcharges will usually last around 6 years before they are removed, depending on the event. The impact may lessen after 3 years as long as you are not involved in any other accidents or violations, but won’t completely disappear until after 6 years. Additionally, having accident forgiveness on your policy may allow the pothole claim to spare you any surcharges.
How can I appeal a surcharge?
If you’re hoping to appeal a surcharge you received, which we would certainly recommend if you received one for hitting a pothole, you will have up to 30 days from the date of the surcharge notice to appeal it to the Division of Insurance Board of Appeal.
In order to request an appeal, you will need to complete the appeal form on the back of the surcharge notice and mail it to the Division of Insurance Board of Appeal, along with the required fee. The board will then reach out to you to set up the hearing.
Who SHOULD be at-fault for potholes?
The fact of the matter is that you cannot control the formation of potholes and attempting to swerve out of the way to avoid them can be equally dangerous. While potholes may just be considered part of “hazardous road conditions", it should ultimately fall under the responsibility of the town or state that controls the roads the pothole is found on to maintain safe road conditions.
While towns and states should be responsible for the upkeep of roads, oftentimes maintenance lags behind and drivers like you are left bearing the blunt of the damages and punishment.
Although it is not common, the city/state where the pothole is can be considered at fault if they have previously been notified about the pothole, and have not fixed it despite having enough time to do so.
Each city or town’s process may differ, but when submitting a claim, you should be equipped with the proof of the incident (including photos and pothole location) and estimated cost for the damages to your car.
You should begin by researching if a town/city has a pothole reimbursement policy. Some Massachusetts towns will have this policy listed on their website, if not you should call a town/city representative to guide you through submitting a claim.
Submitting a claim and proving the city/town is at fault may be challenging and time-consuming, but if you are up for the task, it could be an option for you.
How to report potholes in Massachusetts:
Reporting potholes can be an important part of keeping our roads safe, and could help other drivers by keeping towns and cities updated on their hazardous road conditions.
Once you determine if the road with the pothole is maintained by a town/city, county, or state - notify the proper authorities to report the damaged roadway.
For State roads: call or report the pothole online
Pothole Hotline: (857) DOT-INFO
Toll Free Pothole Reporting: (877) MA-DOT-GOV
When reporting potholes, be as precise as possible with the location details. This is especially important when making reports of potholes on the highway.
Making the ride a little less bumpy
Unfortunately, new potholes are probably forming as you’re reading this, meaning they aren’t going anywhere anytime soon.
While drivers being held accountable for potholes and essentially punished by their insurance carriers may seem unfair, it is the reality until better oversight and road upkeep comes into effect.
If you end up having to file a claim for pothole damages on your auto insurance policy, you may be shocked (and frustrated) by how long it takes. To learn more about why delays in processing claims is becoming increasingly more common, check out this article: Why Is My Insurance Claim Taking So Long? 4 Common Reasons For Delays.