Will Nashville pay for repairs from damage caused by potholes?
A WSMV4 Investigation from 2022 found it is extremely unlikely for car owners to get reimbursed.
NASHVILLE, Tenn. (WSMV) - Potholes are damaging dozens of cars in Middle Tennessee after the winter storm in early January.
Many drivers have had burst tires, bent rims and damaged suspensions after hitting potholes.
People can file a claim against both the Nashville Department of Transportation (NDOT) and the Tennessee Department of Transportation (TDOT) in effort to get compensated. However, a WSMV4 investigation from 2022 found it is extremely unlikely to receive a payout.
Metro Nashville Law Director Wally Dietz said there were 52 claims filed in 2023 and a total payout of $6,034.04. So far in 2024, there are seven pending claims. Metro Nashville is not responsible for claims for damage from potholes on the interstates and U.S. highways running through Nashville. The state is responsible for those roads, which include some major corridors like Gallatin Pike, Clarksville Highway, Hillsboro Road, Murfreesboro Road, and more.
Shelli King with the Tennessee Department of Treasury said the state has received 112 claims for pothole damage since the start of 2024. Our investigation found in fiscal year 2021, there were 1,611 claims filed and only 17 approved. That’s just over 1% of claims approved.
That’s the reason why drivers this week like Logan Rosson said they’re not going to bother submitting a claim.
A large pothole on Old Hickory Boulevard in Madison popped both the tires on the left side of Rosson’s car, bent both the rims, and damaged the suspension.
“Multiple people I know have gotten denied multiple times. It’s just not worth the headache,” Rosson said. “I’ll just pay the money. I feel like we pay enough in taxes where it shouldn’t be an issue anyway, but here we are.”
If a driver did want to submit a claim, there is a sizable amount that must be proven.
According to King, in filing a claim against the state, people are alleging they have been damaged due to negligence on behalf of a state agency. Tennessee is actually only one of a few states that provides a method for compensation due to negligence.
When filing a claim against the state, the person must prove negligence on behalf of the state agency, in this case the Department of Transportation.
Tennessee law requires that in order for the state to approve a claim and pay for damages, the damage must have occurred on a state-maintained road, not on a road maintained by city, county or other entity, and the state must have been aware of the specific problem area, and been given a reasonable amount of time to repair it.
The Tennessee Treasury Division of Claims and Risk Management pays claims if the individual filing can prove negligence on behalf of the state. By law, Treasury has 90 days to make a decision on these claims.
WSMV4 is still waiting to hear back about the number of approved claims in 2023.
There is an online form to file a claim against the state, but people filing against NDOT must go to hubNashville for a property damage form.
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