What can you do if pothole damage happens to you, and how can you get money back to pay for the damage?
HONOLULU (KITV4) -- Potholes are everywhere and often pop up after heavy rain. Those pesky potholes can damage your tires and vehicle, and the costs add up.
What can you do if that happens to you, and how can you get money back to pay for the damage?
First things first, you should figure out who owns or has jurisdiction over the road -- whether it's the state, the city, the county, the federal government, or whether it's privately owned.
You could also go through your insurance company but you may still have to pay for your deductible.
KITV4 asked the state and counties for information on filing claims and here's what they said:
STATE
Q: What are the instructions for what drivers should do if they want to file a claim for damage caused by a pothole on a state highway or freeway?
A: The Department of Accounting and General Services explains that they first need to submit a claim form and either refer them to our site or mail them a hard copy. Click here for the claim for damage form. Click here for the claim for damage instructions.
Q: How much money did the state pay out in 2021 from pothole damage claims?
A: $59,230.88
Q: How many claims were filed last year?
A: 156
Q: How many of those were paid out?
A: 119
Q: What's the average amount of money they received?
A: $497.74
Q: How long does it take from the time someone files a claim till they get paid?
A: For 2021 – 74.05 days
OAHU
Q: What are the instructions for what drivers should do if they want to file a claim for damage caused by a pothole on a city road on Oahu?
A: To submit a claim to the city for damage caused by a pothole, drivers can get the claim form on the city's website, or can call (808) 768-5222 to request a claim form.
To report a pothole on a city street anywhere on Oahu, please go to the Honolulu 311 website or call (808) 768-5222.
Q: How much money did the city pay out in 2021 from pothole damage claims?
A: In calendar year 2021, the City paid out $ 4,401.90 for 11 pothole damage claims. Of the 11 claims, seven claims totaling $2,260.80 were submitted prior to 2021. Four claims totaling $2,141.10 were opened in 2021.
Q: How many claims were filed with the city last year?
A: There were 225 pothole claims filed during calendar year 2021.
Q: How many of those were paid out?
A: Of those claims: 4 were paid in 2021, 5 were paid in 2022, 34 were denied, 114 were referred to another jurisdiction, 1 was withdrawn, 67 are pending review for various reasons, including ongoing investigations to determine city liability.
Q: What's the average amount of money they received?
A: Each pothole claim is reviewed and evaluated based upon the specific facts and circumstances so an average amount will not accurately reflect the claims process.
Q: How long does it take from the time someone files a claim till they get paid?
A: All pothole claims are evaluated on a case by case basis because the facts and circumstances of each claim must be investigated and analyzed.
"The Department of Corporation Counsel has a process where they evaluate each claim to make sure that the damage was caused on a city street to make sure that the city is responsible for the damage to that vehicle, and ultimately the burden of proving those things lies with the claimant," said deputy communications director Ian Scheuring, City and County of Honolulu.
KAUAI
Q: What are the instructions for what drivers should do if they want to file a claim for damage caused by a pothole on a county road on Kauai?
A: A member of the public can file the county’s claim form, which can be found on the council’s website. Council Services would need to receive the original notarized claim form submitted to our office. The council would then place it on an appropriate agenda and procedurally refer it to the Office of the County Attorney for disposition and/or report back as necessary.
Q: How much money did the county pay out in 2021 from pothole damage claims?
A: $1,392.61
Q: How many claims were filed with the county last year and how many of those were paid out?
A: Nine claims and one paid out
Q: What's the average amount of money they received?
A: Only one claim paid for $1,392.61
Q: How long does it take from the time someone files a claim till they get paid?
A: This depends on the completeness of the claim and if additional information is required. One claim was processed in one month; the other time periods vary. For instance, some claims took four to five months to process.
HAWAII COUNTY
Q: What are the instructions for what drivers should do if they want to file a claim for damage caused by a pothole on a county road on Hawaii Island?
A: There is no instruction specific to potholes. Claims for damage can be filed with the Office of the County Clerk. Forms can be picked up from them or their website.
Q: How much money did the county pay out in 2021 from pothole damage claims?
A: We don’t keep files specific to potholes. Generally we will have somewhere around 10-15 claims involving road surface conditions a year.
Q: How many claims were filed with the county last year and how many of those were paid out?
A: As stated in the answer above the exact amount filed is not known. I can think of only one claim last fiscal year that was paid.
Q: What's the average amount of money they received?
A: If the County determines it is liable, the amount varies based upon the amount of damages. Generally, such claims are not more than a few hundred dollars.
Q: How long does it take from the time someone files a claim till they get paid?
A: Hard to say, this varies from claim to claim.
MAUI COUNTY
For Maui County, there was one pothole claim in 2021 and one in 2020. Both were denied. Zero paid out.
Regarding the process, claim forms are available online from the county's webpage. The forms come with instructions on how to file them. A third-party adjuster investigates most claims.
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Marisa Yamane joined KITV4 in January 2022 as an anchor and executive producer. She is an award-winning veteran journalist, who’s spent most of her career in Hawaii. She’s a proud graduate of Iolani School and UCLA.
