Insurance Considerations When Filing a Pothole Claim

At Silverman, McDonald & Friedman, our car accident lawyers help anyone injured in a car accident obtain their full liability benefits. We also help clients in and about Newark, Seaford, and Wilmington understand their property damage issues.

Potholes happen – especially at the end of a long winter. If you hit a pothole and sustain damage to your car, you can file a claim for the damages if you have collision insurance. Collision damage covers any accidental damage to cars covered by the policy. The main question car owners need to consider is whether submitting a claim is even worth it.

1. The first step is to obtain an estimate from a reputable car mechanic to determine the extent of the damage and the cost to make the repairs.
2. The second step is to compare the estimate to your deductible. If your collision insurance has a $500 deductible and you only need about $300 in repairs, then it normally doesn’t make sense to submit a claim because you won’t get any funds back.
3. The third step is to review whether any exclusions apply. Standard collision policies exclude certain types of damage such as wear and tear, mechanical failures, and damage to tires. If your tires are excluded, then it only makes sense to submit a claim if your wheel and other parts of the car were damaged, and if the cost to make those repairs is more than your deductible.

Insurance rates and property damage

Car owners who submit pothole claims need to consider another factor. Their insurance rates may rise because any collision damage claim is considered a formal claim. If you have a discount because you are considered a safe (claim-free) driver, then a formal claim may mean you are no longer claim-free and thus are no longer entitled to the discount.

Fault is generally not a factor in a collision claim. This means that even if there was absolutely nothing you could do to avoid the pothole, submitting a collision claim still counts against your driving record. Collision claims are different from liability claims in this respect. Drivers who submit liability claims based on somebody else’s fault generally should not see their insurance rates rise just because they filed a claim.

At Silverman, McDonald & Friedman, our Delaware car accident lawyers fight to hold drivers and anyone else who caused your accident liable for your injuries. We seek compensation for your pain and suffering, medical bills, and lost wages. Please call us at 302.888.2900 or use our contact form to schedule a free appointment. We represent injury victims and families of deceased victims in our Wilmington, Newark, and Seaford offices.