Paying for pothole damage? Ask the state for help

You hit a pothole and your tire blows out, an object flies up and cracks your windshield, or worse – your car slides through standing water into the shoulder and hits a tree.

Sound familiar? If so, state government might owe you.

Drivers on S.C. roads can file claims to the state Department of Transportation asking for compensation for personal injury and vehicle damage caused by the state’s crumbling roads.

Claims for road damage and the cost to resolve them both are on the rise, The State has found.

The state has paid more than $6.6 million to settle road-damage claims since July 1, easily topping the $5.7 million paid out during the prior fiscal year.

Damage claims against the Transportation Department exceeded 3,000 in both 2015 and 2016, eclipsing any of the previous years and marking a 61 percent increase since 2010.

Potholes were the cause of damage in two-thirds of the claims since 2010, up 395 percent in 2016 from a low in 2012.

“These figures directly reflect the poor condition of our roads,” S.C. Transportation Department Secretary Christy Hall told The State.

 

State lawmakers are the verge of approving a plan to pay to repair the state’s roads – the Senate and House both have passed plans that now must be harmonized – a challenge that will cost $1 billion a year, transportation officials say.

Meanwhile, the state has paid more than $48 million since 2010 to settle claims of personal injury and vehicle damage caused by the state’s failing roads.

In some cases, S.C. drivers pay more dearly – with a life or serious, life-changing injury.

“This is an important part of why you need to fix it,” said Bill Ross, director of the S.C. Alliance to Fix Our Roads.

“I wish we could all focus on that, and a little less on tax credits,” Ross added, referring to debate in the state Senate over whether to cut other taxes to offset a gas-tax hike proposed to pay for road repairs.

‘People are so angry’

S.C. drivers who suffer damage while driving on the state’s roads have options.

Drivers who have accidents caused by road hazards can file claims against the S.C. Department of Transportation through that agency’s maintenance office in the county where the incident occurred.

Some drivers also can take the state to court to recoup their losses.

The Transportation Department handles smaller claims in-house. More serious claims – those that result in lawsuits or ask for compensation of more than $1,500 – are referred to the state Insurance Reserve Fund to handle.

Since July 1, the Insurance Reserve Fund has paid out more than $100,000 each for 10 claims against the Transportation Department.

Claims are likely to continue to rise because drivers now know they can seek damages from the state for pothole damage, for example. Thanks to the three-year-long roads debate, drivers also might be more tuned in to how often they need a realignment, said Ross of the Alliance to Fix Our Roads.

“The roads are in such bad condition, and people are so angry about what’s happening to their vehicles,” he said. “We’re already characterized as the worst roads in the country and the most dangerous roads in the country. It’s going to continue to rise.”

The rising cost of settling claims against DOT is just “one more reason” lawmakers must act now to fix the state’s roads, said state Sen. Katrina Shealy, R-Lexington.

“I don’t know that this makes it more pressing,” Shealy said. “Nothing can make it more pressing than it is.”

This story was originally published April 28, 2017 at 2:23 PM with the headline "Paying for pothole damage? Ask the state for help."