How to File a Claim and Win in West Virginia If a Pothole Damages Your Vehicle

Introduction: You’re driving down a familiar road when—suddenly—your car slams into a pothole. The impact sends a shock through your vehicle, and soon you notice a flat tire, bent rim, or even worse, suspension damage. Repair costs can add up quickly, leaving you wondering: Can I get reimbursed for this? The answer is yes—West Virginia allows drivers to file claims for pothole-related vehicle damage under certain circumstances.

If a pothole has damaged your car, you may be eligible to seek compensation from the state. In this guide, we’ll walk you through the process of filing a claim, the eligibility requirements, and what you need to know to maximize your chances of reimbursement.

Can You File a Pothole Damage Claim in West Virginia? The West Virginia Department of Highways (DOH) is responsible for maintaining state roads. If a pothole causes damage to your vehicle, you may be able to recover repair costs—but only if you can prove the state was negligent in maintaining the road.

To be eligible for reimbursement, you must show:

• The pothole was on a state-maintained road (not a private or city-maintained street).
• The state had prior knowledge of the pothole and failed to repair it within a reasonable time.
• The damage was directly caused by the pothole.

Steps to File a Pothole Damage Claim in West Virginia

1. Document the Damage and the Pothole
   • Take clear photos of the pothole, your vehicle’s damage, and the surrounding area.
   • Note the exact location of the pothole, including road names and nearby landmarks.
   • If possible, check if the pothole had been previously reported by other drivers.
2. Get a Repair Estimate
   • Obtain a written estimate or invoice from a mechanic detailing the damage caused by the pothole.
   • Keep receipts for any repairs you’ve already paid for.
3. File a Claim with the West Virginia Court of Claims
   • In West Virginia, pothole damage claims must be filed with the West Virginia Legislative Claims Commission (formerly the Court of Claims).
   • You can obtain a claim form from the West Virginia Legislative Claims Commission website or request one by phone.
   • Complete the form with details about the incident, including:
     • Date, time, and location of the pothole strike
     • Description of the damage
     • Photos and repair estimates
   • Submit your claim to the Commission along with supporting documents.
4. Await a Response
   • The Claims Commission will review your case and determine whether the state was negligent in maintaining the roadway.
   • If your claim is approved, you will receive reimbursement for repair costs.
   • If denied, you may have the option to appeal.

What Are the Chances of Winning a Pothole Damage Claim? Winning a claim against the state isn’t always easy. The state must have been aware of the pothole and failed to take timely action. If the pothole was newly formed or unreported, your claim might be denied. However, if multiple complaints about the same pothole exist and the state failed to fix it, your chances of success increase significantly.