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DriveSmartBC – Potholes and Vehicle Damage

Potholes are a fact of life and something that we all try to avoid on B.C. roads. Sometimes it is not possible and the result is damage to your vehicle. Who is responsible for the cost of that damage?

The primary responsibility to avoid vehicle damage from driving through a pothole falls on the driver. You must leave sufficient following distance and scan as far down the road as possible to avoid any type of problem you might encounter.

Keeping tires properly inflated and being cautious of puddles is good driving practice at all times. Doing both of these things can help avoid problems with potholes.

Road maintenance is a government responsibility. While we might expect our roads to be in perfect condition at all times that is not a reasonable expectation. The Ministry of Transportation and Infrastructure (MOTI) maintains over 47,000 kilometres of highway.

Highway maintenance specifications published by the MOTI explains how potholes are triaged for repair.

Local governments have the same responsibilities.

Damage to your vehicle from contact with potholes is part of your optional collision coverage and you are responsible for paying the deductible.

If you choose not to buy coverage, the entire repair bill will be yours.

The MOTI provides the following advice to consider before making a claim:

Please keep in mind, in order for a claim to be payable by the Province, there must be proof that there was negligence on the part of the ministry and/or highways contractor. If there was no negligence, the claim is not payable.

Section 744 of the Local Government Act protects municipalities, regional districts and their boards against liability from the breakdown of a road.

In either case, you would have to prove negligence for failing to repair the potholes to be successful in a claim for damages. You would be wise to obtain legal advice before starting an action.

Story URL: https://www.drivesmartbc.ca/road-maintenance/potholes-and-vehicle-damage

— Tim Schewe Road Safety Advocate DriveSmartBC.ca

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