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Car damaged by a pothole? Don't expect Oregon to pay for it

During January's ice storm, a pothole on I-205 damaged 40 cars. Many of those drivers were told to file a damage claim to get reimbursed. Some never got paid.

PORTLAND, Ore. — After an ice storm ripped through the Portland metro area in January, potholes popped up across the region. One in particular, on I-205 near the Abernethy Bridge, wreaked havoc on passing cars

"It was a loud bang, it sounded like my tire popped," said Genalee Page, after driving over the pothole with her daughter in the car. "She was like 'Oh my god, what happened? What was that?' and I was like, 'It's okay; it was the tires. We're going to pull over.'"

Alongside dozens of other drivers, Page pulled over to check out the tires. A spokesperson for the Oregon Department of Transportation estimated that over 40 cars were damaged by the pothole.

Page said officers were along the road with flares, and one suggested she file a claim.

"One of [the officers] walking through did tell us that we can file a claim with ODOT, so that’s what we did," Page said. 

She filed a claim against the state with the Department of Administrative Services (DAS), expecting to be reimbursed, and didn't file with her own insurance. At this point, she was out $1,500 dollars for two bent rims and a tire quickly leaking air.

Page received a letter from the state, saying her claim had been tendered to a construction company working in the area, Kiewit Infrastructure West. Not long after, Kiewit sent their own letter, saying they weren't liable either.

"The pothole was promptly repaired as soon as possible after notice was provided," the letter reads. "There was no negligence or delay in addressing the issue."

Most pothole damage claims denied

KGW found that Page's experience isn't unique. Records show that of all the claims filed in 2022 and 2023, the state paid out less than 4%. The vast majority of claims related to pothole damage were denied — just 10 were approved, and none were tendered to contractors.

"Somebody has to be held responsible," Page said. "That was a lot of damage done on something that could have been prevented if the job had been done right to begin with."

Just two months into 2024, drivers have already filed 108 claims— almost as many as previous years. Over 90 have been denied, and 16 are still pending.

 In 2023, 138 claims were filed, and in 2022, there were 129.

A spokesperson for DAS, the department that oversees these claims, said each is reviewed individually based on its own merit, but drivers must have proof of negligence and damage. They added that negligence is "failure to use reasonable care, resulting in damage or injury to another."

ODOT said they were first notified about this particular pothole on Jan. 19, and a temporary fix was attempted overnight. Road crews then attempted another temporary fix on Jan. 22, the same day Page sustained damage to her car. Then, ODOT was able to put in a permanent solution on Jan. 23. 

Page said she's not disputing the timeline; she just wants someone to take responsibility for the cost she's endured. 

"I’m a single mom. It’s a huge hit. I have a feeling it was a huge hit for a lot of us," Page said of the other cars that were damaged that day. 

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