Short answer: On your own policy, pothole damage to tires, wheels, suspension or the underbody is normally a collision claim — the NAIC’s consumer auto guide lists collision as paying for damage from a crash with another car, an object or a pothole, subject to your deductible (NAIC). If you carry only liability, your policy won’t pay to fix your own car. Getting money from the government agency that owns the road is possible in some places but hard. Caltrans, for example, requires proof that it knew or should have known about the defect and had time to fix it (Caltrans), and short deadlines apply — for example six months for property-damage claims against California state agencies (DGS) and a 90-day notice of claim in New York City (NYC Comptroller). Pennsylvania law bars property-damage recovery for pothole claims against Commonwealth agencies (PA FARM).
Michigan’s transportation department explains the winter cycle in four steps: snow or rain seeps into the soil under the road, freezes and pushes the pavement up, leaves a gap when it thaws, and the surface cracks and drops into that hollow under traffic (MDOT). That is why the time to know your coverage and your local claim deadline is before the first freeze. This page covers both routes — your insurer and the road owner — with official examples from four jurisdictions.
Route 1: your own auto policy
- Collision pays for damage to your vehicle from colliding with an object or a pothole, minus your deductible (NAIC). If you have a car loan, the NAIC notes most lenders require insurance protecting their interest and may buy costlier coverage for you if yours lapses (NAIC).
- Comprehensive is for non-collision losses such as theft, weather and animal strikes; a pothole impact is not normally a comprehensive loss (NAIC; TDI).
- Liability-only policies pay for damage you cause to others, not repairs to your own car (NAIC).
- Roadside assistance, if you bought it, may cover a tow or tire change after a blowout — see roadside assistance coverage.
Is it worth claiming? Compare the repair estimate with your collision deductible. A single bent rim may be close to the deductible, while a cracked control arm plus alignment and two tires may not be. Ask your agent how your insurer treats single-vehicle collision claims at renewal; the claim will still appear in your claims history.
Document it the same day. Have the car inspected promptly so the shop’s written findings tie the damage to one dated event; that record helps with both your insurer and any government claim.
Route 2: a claim against the road owner
A government claim is not insurance. Caltrans says its claims process “is not a reimbursement or insurance program” but an early-resolution step before a possible lawsuit, and that drivers must carry adequate auto insurance (Caltrans). Most agencies apply governmental-immunity laws that make these claims difficult. First, identify who owns the road: state highway, county road, city street or toll authority. Filing with the wrong agency can cost you the deadline.
| Jurisdiction | Who handles it | Key rule | Deadline |
|---|---|---|---|
| California (state highways) | Caltrans district claims office for $12,500 or less (form DOTLD-0274); larger claims go through the state Government Claims Program | You must show the state highway was in dangerous condition, Caltrans knew or should have known, and it had time to fix it; Caltrans doesn’t pay for city or county roads (Caltrans) | Property-damage claims within six months; a late-claim request may be made within one year (DGS; Gov. Code 911.2) |
| New York City streets | NYC Comptroller (notice of claim) | Filing is the required first step before suing the City (NYC Comptroller) | Notice within 90 days; lawsuits within 1 year and 90 days (NYC Comptroller) |
| Michigan (state trunklines: I-, US- and M-routes) | MDOT region office (Form 3600) for claims under $1,000; $1,000 or more requires a lawsuit | MDOT says most defect claims are denied under governmental immunity laws; investigations take at least 90 days (MDOT) | Statutory defective-highway notice within 120 days of the injury, with longer periods for minors (MCL 691.1404) |
| Pennsylvania (Commonwealth roads) | Bureau of Finance and Risk Management (FARM), not PennDOT | 42 Pa.C.S. §8522(b)(5) says property damages are not recoverable under the pothole exception; FARM is required to deny the claim except in very limited circumstances (PA FARM; 42 Pa.C.S. 8522) | Report the incident promptly through FARM’s portal (PA FARM) |
Local roads in each state follow their own city or county rules, and deadlines can be shorter than the state’s. Check the city clerk’s or county risk management page the same week.
Evidence that helps either claim
- Location precision. Road name, direction, lane, nearest cross street or mile marker, and GPS coordinates from your phone photo.
- Photos of the pothole with a reference object for depth and size, and wider shots showing signage or the lack of it.
- Photos of the damage and the tire sidewall, plus the shop’s written estimate and invoice.
- Prior reports. Many claims turn on whether the agency had notice. Ask the agency whether earlier complaints were logged for that spot, and report the hole yourself so there is a dated record.
- A police or incident report if one was taken.
- Copies of everything you file and proof of mailing or upload.
Pennsylvania’s FARM page lists the details it wants documented: when and where it happened, what happened, the extent of the damage, any police response, and photos (PA FARM).
If the agency pays after your insurer did
If your collision coverage paid first, tell your insurer about any government claim. Your insurer may pursue the agency for what it paid, and you shouldn’t be paid twice for the same repair. If the agency denies the claim, your collision coverage is still the main source of repair money.
Related: icy roads and winter driving claims, hit a deer: car insurance claim guide, total loss valuation rules by state, and the state insurance rules hub.
Frequently asked questions
Does car insurance cover pothole damage?
Usually under collision coverage, subject to your deductible. The NAIC describes collision as covering damage from a collision with another car, an object or a pothole. Liability-only coverage does not pay to repair your own car (NAIC).
Is hitting a pothole a comprehensive or collision claim?
Collision. Comprehensive generally covers non-collision events such as theft, weather and animal strikes (NAIC; TDI).
Can I make Caltrans pay for pothole damage?
Only in limited cases. You must show the state highway was in dangerous condition, that Caltrans knew or should have known, and that it had time to fix it; Caltrans does not pay for city or county roads (Caltrans). Property-damage claims must be filed within six months (DGS).
How long do I have to file a pothole claim against New York City?
A notice of claim must be filed with the NYC Comptroller within 90 days of the incident, and any lawsuit must be filed within 1 year and 90 days (NYC Comptroller).
Does PennDOT pay for pothole damage?
Generally no. Claims go to the state’s Bureau of Finance and Risk Management, which says Pennsylvania law prohibits paying property-damage claims caused by potholes and requires it to deny them except in very limited circumstances (PA FARM; 42 Pa.C.S. 8522).
What about Michigan state highways?
For damage on an I-, US- or M-route, MDOT accepts claims under $1,000 on Form 3600 at the region office where it happened; claims of $1,000 or more require a lawsuit. MDOT says most defect claims are denied under governmental immunity laws (MDOT).
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.