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BETTESWORTHConstruction
auto insurance claims

What to Do When Poor Road Conditions Damage Your Car

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Get out of danger first: stop only where it is safe, move people away from traffic, check for injuries, and call 911 for injuries or dangerous debris in a travel lane. Once everyone is safe, document what happened, notify your insurer promptly, and determine which agency or contractor owns the road before seeking public reimbursement. Do not drive a vehicle that may be unsafe.

1. Make the scene safe before inspecting the car

After a pothole strike, debris impact, flooding, shoulder collapse, or another road-condition incident, follow the same priority order used for any roadside emergency.

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  1. Stop only when it is safe. Utah Department of Transportation’s instruction is: “If you hit road debris, pull over as soon as it is safe to do so.” Use a shoulder, parking area, or other location away from moving traffic when one is available.
  2. Protect people from traffic. Turn on hazard lights when appropriate, keep passengers out of active lanes, and do not stand in traffic to take photographs or examine the underside of the vehicle.
  3. Check for injuries. Call 911 if anyone is injured. Call 911 as well when debris or another obstruction remains in a travel lane and creates an immediate hazard for other drivers.
  4. Decide whether the vehicle can move safely. A bent wheel, rapidly deflating tire, fluid leak, steering problem, severe vibration, warning light, damaged lighting, or loose body or underbody part can make continued driving dangerous. If you are uncertain, leave the vehicle where it is only if that is safer than moving it, and request roadside assistance or a tow.

Damage is not always visible at the roadside. A qualified repair professional should inspect a vehicle that has suffered a hard impact or shows any sign of unsafe operation. The available agency guidance does not provide a universal mechanical checklist that a driver can use to declare a damaged car roadworthy.

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2. Record the incident while the details are fresh

Evidence is most useful when it connects the vehicle damage to a specific hazard, place, and time. Record the following as soon as you can do so without entering traffic or creating another risk:

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  • Date and exact time of the incident.
  • Precise location, including the road name, direction of travel, nearest intersection, mile marker, exit, or recognizable landmark.
  • The road condition or object involved: pothole, loose material, fallen object, standing water, damaged pavement, construction-zone condition, or another hazard.
  • Weather, visibility, lighting, and road-surface conditions.
  • What the vehicle did on impact, such as a sudden jolt, pull, noise, vibration, or loss of control.
  • Photographs of the vehicle from several angles and close-ups of wheels, tires, suspension areas, bumpers, and other visible damage.
  • Photographs of the hazard and its surroundings only when you can take them from a safe position. Do not walk into a lane or stand on a narrow shoulder for a better image.
  • Names and contact details for witnesses, if they are willing to provide them.
  • Police, highway-patrol, towing, and roadside-service information, including report or dispatch numbers.
  • Receipts for towing, roadside assistance, temporary transportation, storage, and measures taken to prevent additional damage.

A quick sketch can supplement photographs when the hazard cannot be photographed safely. Mark the travel direction, lane, approximate hazard position, and where the vehicle stopped. Preserve the original photos and keep copies of notes, reports, estimates, and receipts.

3. Protect the vehicle from additional damage

If the vehicle can be moved safely, take it out of traffic and into a secure location. If it cannot, arrange a tow rather than attempting to drive it to a shop. Follow reasonable steps to prevent additional loss, such as securing a loose component or covering an opening from weather when doing so does not expose you to danger. Do not make a repair that could hide the original damage before the insurer or another responsible party has had a reasonable opportunity to inspect it, unless an emergency repair is necessary to protect people or property.

Keep every roadside-expense receipt. Washington’s Office of the Insurance Commissioner specifically recommends retaining receipts for expenses such as towing and checking the policy or agent for notice requirements. A receipt does not guarantee reimbursement, but it helps establish what the incident required and when.

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4. Contact your insurer and read the actual policy

Notify your insurer as soon as practical, even if you have not decided whether to file a claim. Ask the claims representative or agent these questions:

  • Which coverage, if any, may apply to this event and this type of damage?
  • What deductible would apply?
  • Must the vehicle be inspected or photographed before repairs begin?
  • Does the insurer require a particular estimate, repair facility, police report, or proof of loss?
  • What notice, proof, and filing deadlines apply under this policy?
  • How should towing, storage, rental transportation, or emergency repairs be handled?
  • Will opening or filing this claim be recorded, and how could claim frequency or type affect premiums or renewal?

Do not assume that a named coverage automatically pays for every pothole strike, debris impact, wheel failure, or underbody loss. Coverage depends on the policy language, the event, exclusions, deductible, and the insurer’s claim determination. Ask for the relevant policy provision and the insurer’s decision in writing.

Keep a dated log of every call, email, inspection, estimate, and promise. Write down the representative’s name, claim number, requested documents, and the next expected action. This record prevents missed deadlines and gives you a clear history if the decision is disputed.

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5. Identify who owns or maintains the road

A request for public reimbursement is separate from an insurance claim. Before sending anything, identify the government agency or contractor responsible for the particular road segment. Ownership and maintenance can differ: a state may maintain a highway, while a city or county controls a local street, and a work-zone contractor may have responsibilities under a project contract.

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Use the responsible entity’s current official reporting and claims instructions. A report that merely alerts an agency to a pothole is not necessarily a damage claim, and filing a claim does not guarantee payment.

Many public-entity claims depend on proving more than the fact that damage occurred. The claimant may need to show that the road was dangerous, that the agency knew or should have known about the condition, and that it had sufficient time to correct it. Preserve evidence of the condition, its location, how long it may have existed, and any prior reports or warnings you can lawfully obtain.

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6. How state procedures can differ

These examples illustrate why a driver must verify the applicable jurisdiction rather than rely on a nationwide rule.

Jurisdiction or agency What its guidance indicates Important limitation
Utah Department of Transportation (UDOT) After striking debris, pull over when safe, move away from traffic, check for injuries and damage, and record the date, time, location, and photographs. Call 911 for hazardous debris in a travel lane. UDOT handles claims only for state-owned or state-maintained roads, does not reimburse every claim, and states a one-year deadline for claims submitted to UDOT. That deadline is Utah-specific, not a general rule.
California Department of Transportation (Caltrans) A state-highway claimant must establish that the road was dangerous, Caltrans knew or should have known of the condition, and it had enough time to fix it. Evidence should include the time, location, and photographs. Caltrans says it does not handle damage claims for city or county roads.
North Carolina Department of Transportation (NCDOT) NCDOT generally sends pothole claims and its report to the State Attorney General’s Office for consideration of agency knowledge and repair efforts. Claims involving a contracted work-zone project may be forwarded to the contractor. The process is not a universal model for other states.

Deadlines, forms, notice rules, immunity provisions, and proof requirements vary by state and by road owner. Use the current instructions for the exact road segment and keep confirmation that your submission was received.

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7. Choose the practical claim route

You may have more than one possible route, but each has different requirements and consequences.

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Route What you need to establish Questions to resolve
Your own insurer That the loss falls within the policy’s coverage and meets its claim conditions. Applicable coverage, deductible, inspection rules, notice deadline, repair authorization, and possible premium or renewal effects.
Road-owning government agency That the entity is responsible for the road and that the hazard and prior notice satisfy local legal and administrative requirements. Who owns or maintains the road, official form, evidence standard, deadline, and whether the agency handles vehicle-damage claims.
Project contractor or another responsible party That the party had responsibility for the work or hazard and that the available evidence supports liability. Whether the road authority forwards work-zone claims, what contract or agency procedure applies, and where to send notice.

There is no universal rule that one route must be used first. Ask your insurer and the responsible authority how a claim should be coordinated if both are involved. Do not accept a verbal assumption that another party will pay; request written instructions and decisions.

8. Arrange inspection, estimates, and repairs

Have a qualified repair professional inspect the vehicle, especially after a severe impact or when steering, braking, suspension, wheel, tire, alignment, or underbody damage is possible. Ask for a written estimate that separates visible damage from any additional damage found during disassembly. Keep the inspection report, photographs, diagnostic results, invoices, and proof of payment.

Follow the insurer’s instructions about inspection and authorization before beginning non-emergency repairs. If immediate work is required to make the vehicle safe or prevent further damage, photograph the condition first when safe, keep replaced parts when practical, and retain itemized records explaining why the work could not wait.

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A repair estimate is evidence of the cost of restoring the vehicle; it does not by itself prove which party is legally responsible. The condition of the road, notice history, policy terms, and applicable deadlines remain separate issues.

9. If the insurer or agency rejects or delays the claim

Request a written explanation identifying the policy provision, factual finding, missing evidence, or procedural reason for the decision. Compare the explanation with your photographs, repair report, incident log, and the agency’s stated requirements. Ask whether there is an internal review, supplemental submission, or appeal deadline.

For an insurance dispute, your state insurance department can explain complaint and consumer-assistance procedures. For a substantial government claim, a local lawyer or other qualified legal-help service can explain jurisdiction-specific notice rules, deadlines, and immunity issues. A one-year period stated by a Utah agency, for example, must not be treated as the deadline in another state.

10. A compact follow-up checklist

  1. Move to safety, check for injuries, and call 911 when required.
  2. Arrange a tow or professional inspection if safe operation is uncertain.
  3. Save photographs, notes, witness details, reports, estimates, and receipts.
  4. Notify the insurer promptly and confirm coverage, deductible, inspection, and notice requirements.
  5. Identify the road owner or maintainer and use its current claim procedure.
  6. Keep copies of every submission and communication.
  7. Ask for claim decisions and reasons in writing.
  8. Escalate a material insurance dispute to the state insurance department or seek local legal help about a government claim.

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