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Not all pothole damage is covered or reimbursed

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Posted at 7:26 PM, May 18, 2023
and last updated 2023-05-19 13:52:12-04

LEXINGTON, Ky. (LEX 18) — According to AAA, Americans spend around $3 billion each year on car repairs caused by potholes.

Some local governments will pay you back for damages, but there are exceptions.

Lexington resident Tarita Madison found out the hard way.

"Me and my sister was on our way to take my son to the YMCA. He works out every day. We're just driving along and then all of a sudden, my tire goes poof, falls down in the hole. I can feel it and then it's a 'poof then I hear 'puh puh puh puh.'" described Madison.

That sound was the front tire of her Mercedes Benz and since it's a luxury car, it cost a pretty penny to fix.

"There was a garage. There was another gentleman that has just experienced the same thing that I went through. His tire was busted. We both sitting there getting the tires fixed," she said.

Both were victims of a pothole. Madison says she believed the city would pay for it since they were responsible for maintaining the streets.

Madison called police to alert other drivers, put a donut on her car, and headed to the repair shop. A receipt shows a $952 bill.

As a retiree, she says it was a huge part of her income.

"That's a thousand coming out of my income," said Madison.

So she was banking on getting that reimbursement money the stranger told her about but then after calling the city, she found out it wouldn't be covered.

She got a letter in the mail from the city's claims office citing Kentucky law. It cited local governments have sovereign immunity against civil wrongs.

Madison called us for help.

"Something told me to have my voice heard. Tarita, fight for what you want," said Madison.

City officials told us citizens can file a claim through the city's self-insurance program. The first step is to report it and there are special funds to pay for claims that are accepted.

However, typically drivers can only be compensated for damages if the pothole was reported at least 48 hours before the incident.

The pothole Madison hit was not yet reported.

"Basically, 'Oh you did the repairs, it's done and over with now, suck it up buttercup and move on,'" she said.

LEX 18 asked the mayor's office if she was considering creating a pothole fund to help citizens with repairs and we were told she's not.

Lori Weaver Hawkins with AAA says every year they estimate $3 billion is spent on pothole repairs with the average person spending between $200 and $1,000.

"It is a huge issue," said Hawkins.

Hawkins says if your claim is denied, you can file a claim with your insurance for collision coverage. But be mindful that your premium could be more than the repair costs.

Madison says she had no idea and is now hoping to exhaust all options to recoup what she lost.

"All I'm saying is people work too hard for their money," she said.

The city's streets and roads department did not return our request for information.

Drivers in Lexington can call 3-1-1 to report potholes.

The city says they can't fill them if they don't know they're there.

At the moment, there are no blanket approvals for the full costs of claims.

If you're on a state road or highway, you can file a claim with the transportation cabinet.