Media post: Can You Sue the City for Pothole Damage to Your Car?

Tampa is not at the top of the list of cities with terrible traffic. But, if you drive here, you still have to watch out for tourists, taxis, and potholes. Rush hour can be a real pain, especially if you have to cross bridges. If there is a huge pothole on a specific bridge, it will slow the traffic down even more.

Not to mention, potholes can cause major damage to your car. Even at a low speed, hitting a pothole can create a jarring impact. This impact will ripple through your car, leaving you with a potential flat tire, damaged rim, or suspension damage. 

This is the last thing you want to deal with when all you want to do is get from point A to B. 

Fortunately, if you end up damaging your car because of a pothole, you can hold the city accountable. This will help you recoup some of your expenses when fixing your car. 

Pothole Liability in the U.S.

The U.S. is filled with states, counties, and cities. Each of these have their own rules and regulations regarding public roads. So, if your city fails to repair potholes, you can hold it liable for damages. 

In Tampa, the city itself or specific counties may be responsible for maintaining roads where potholes have developed. If the pothole appeared on a state road, the FDOT (Florida Department of Transportation) may be responsible if you damage your car because of it. 

To pursue a legal claim after hitting a pothole, you must first identify which government entity is responsible. 

Filing a Claim for Pothole Damage

Filing a claim for pothole damage follows many of the same steps as a personal injury claim. In this instance, you must prove that the city, government agency, or county owed you a duty of care. This duty of care would be to keep the roads maintained and in a safe condition. 

You must show how the entity neglected or breached this duty of care by not fixing the pothole. 

Additionally, you must prove that the entity knew or should have known about the pothole. Hence, the entity should have had the pothole fixed as a matter of urgency. 

Lastly, you must demonstrate causation. This means showing that the pothole led to the damage to your vehicle (and potential injuries). 

What to Do If You Hit a Pothole

If you hit a pothole in Tampa, you must report it to the city or Hillsborough County. You can do this by completing a pothole request form. It is important to include as much detail and information as possible. 

Before you do this, however, you must check whether your car’s tires, wheels, or steering rack has been damaged. Pull over, if possible, to do a quick inspection. Take photos of visible damage, as well as the pothole. 

If you cannot drive because of the damage to your car, call for roadside assistance. They will tow your vehicle and help you assess the extent of the damage. 

If you have insurance that covers pothole damage, file a claim with your insurer. You will need to provide the evidence you have collected for your claim.

You should also get a repair estimate from a reputable mechanic or auto shop. When you get your car repaired, keep all invoices and receipts. 

When you finally file a compensation claim, look for the correct filing information online and file a claim with the right entity. 

Filing a Claim With the City of Tampa

If you hit a pothole on a road maintained by the City of Tampa, you will find the appropriate claims form on the city’s website. Fill out the form and include details like the date, time, and location of the pothole. Describe the damage to your car and how the pothole caused it. 

You can add your evidence to the form, including the repair estimates you got, receipts, invoices, and photos of the pothole and damage to your car. 

Submit the form in person or online, although in person is usually better. The city will review your claim and determine whether to approve it. This process can take weeks or months. 

Filing a Claim with Hillsborough County or FDOT

If Hillsborough County or FDOT maintains the specific road, you need to follow their claim processes. They are similar to the City of Tampa, but the forms and submission methods may differ.

You will find the instructions for filing a claim on either website. 

It Is Not Easy to Sue a Government Entity

It is important to note that suing a government entity is not simple. Generally speaking, these entities are protected by sovereign immunity. This means their liability is automatically limited when it comes to lawsuits. 

In Florida, some exceptions to this rule exist under the Florida Tort Claims Act. At the same time, there are strict limitations on how much money you can recover. Currently, Florida enforces a cap on compensation for damages, usually $200,000 per claim. The cap applies to cases where the government is liable for damages caused by a pothole.

If your damages exceed this cap, additional approval is required from the state legislature.

Moreover, it will not be all that easy to prove that the city or entity knew about the pothole. You will need proof that other drivers complained about the pothole. You may also need to access specific maintenance records. 

You must also file your claim within 90 days of the incident. If the entity denies your claim, you can file a lawsuit, which must happen within four years of the incident. 

Hiring a Lawyer

You do not have to try and win a compensation case on your own. It is best to hire a reputable and experienced lawyer to help you. Your lawyer will get the evidence you need for your case. They can also negotiate when and where necessary. 

Your lawyer will continue representing you if your claim escalates to a full-blown court case. 

You Can Get the Compensation You Need

A pothole can ruin any good day at any time. But, as long as you have the evidence you need and fill out the right documentation, you can keep the right government entity responsible for your damages. 

If the damage to your car is significant, hiring a lawyer is crucial. Doing this will give you the best chance of being compensated.