Illinois Driver Suffers $3,500 In Pothole Damage, State Won’t Pay

No matter where you live throughout the country, chances are really good that at some point (or, if you're really unlucky, multiple times) you're going to have an up-close-and-personal encounter with a pothole. If you live in Northern Illinois, it's pretty much guaranteed to happen to you.

An encounter with a pothole might not do anything more than rock your world a little bit and cause you to let out a stream of curse words, or it could absolutely devastate your vehicle.

The question is, who pays for the damage, and how much can you hope to receive to cover all the damage to your vehicle after a bad experience with a pothole?

Like so many things, it all depends on where you are when it happens as to what sort of compensation you could expect.

Some States Will Pay Out A Good Chunk Of Money For Pothole Damage, But Others Will Only Pay The Bare Minimum If They Pay At All

Let's use the state of Ohio for an example of a state that payed out this year.

The-Sun.com:

A notably large payout occurred in Parma, Ohio, where a motorcyclist named Jeffrey Porter received a $200,000 settlement after sustaining severe injuries due to pothole-related road conditions—this included multiple leg fractures, a knee injury, and a jaw cyst. The city contributed $50,000, and the remainder was covered by insurance.

Normally, the city of Parma would have been able to invoke governmental immunity to avoid a payout, but the city had been notified of the dangerous conditions numerous times and still hadn't done anything about the road at the time of the accident.

There's currently a much larger claim against the state of Oregon ($3.6 million for damage and injuries including a traumatic brain injury), but that case is still unresolved.

Let's take a look at Illinois' rules.

So You've Got Vehicle Damage Caused By A Pothole In Illinois--Who Pays For What?

It all depends on where it happens.

• If the damage occurred on a state highway or other road maintained by IDOT (Illinois Department of Transportation), you must file your claim with IDOT.
• For roads under Tollway authority, submit your claim to the Illinois State Toll Highway Authority.
• Damage on municipal, county, or township roads should be directed to the relevant local agency.

You'll also need a repair estimate or receipt, photographs of the pothole, vehicle damage, and the location.

Keep this in mind in Illinois: IDOT must have had prior notice of the hazardous conditions or pothole, and sufficient time to repair or warn drivers. Without this, they cannot be held liable. You'll also need proof of vehicle ownership and a police report if one was filed.

Here's Why The Illinois Woman's $3,500 Claim Was Denied

Remember that part about IDOT needing to have prior notice?

NBCChicago.com:

"I had both of my tires blown out. I had to get towed to an autobody shop and then go to the dealership where they told me I had more damage," Benson explained. "I had a broken strut and wheel, which turned out to be $3,500 worth of damage."

The Tollway said a pothole is a "naturally occurring hazard" and it was not aware of the pothole when Benson hit it. Once officials were notified, they had crews out to fix it. Therefore, Benson isn't eligible for compensation.

"I felt fortunate I made it through it and got to the side safely," she said. "Then to be told too bad, so sad, doesn't seem fair."