Potholes are a part of life on highly traveled roads, but who is financially liable when a pothole causes a car accident? Can you file a claim against the person or government agency responsible for maintaining the road? Understanding all the details can be difficult, so it’s best to speak with a Florida car accident lawyer at Lytal, Reiter, Smith, Ivey & Fronrath, who can investigate and advise you on how to proceed.
How can potholes lead to car accidents?
A shallow pothole probably won’t cause much damage to a vehicle, but larger pits in streets and highways may lead to situations such as:
- A driver swerves to avoid a pothole, sideswiping your vehicle and causing a crash.
- You hit a deep pothole you couldn’t see because of flooded roads, causing damage to your bumper and suspension.
- A driver suddenly sees a pothole in fast-moving heavy traffic and slams on their brakes ahead of you, causing a rear-end accident.
In these cases and others like them, it can be unclear exactly who is liable for a car accident caused by a pothole. Your car accident attorney might find there are multiple parties you could pursue for compensation, such as other drivers, maintenance crews, road construction companies, or government agencies. The procedures for filing claims against each party may vary and be subject to different statutes of limitations in Florida.
Who pays for car accidents caused by potholes?
Since most potholes are on public roads, responsibility for filling them falls to government agencies, whether local, county, state, or federal, depending on which one maintains the road in question. However, filing a claim against a government agency is challenging since Florida’s no-fault auto insurance laws mean you would first file a claim with your mandatory personal injury protection (PIP) and property damage liability (PDL) policies before pursuing other parties.
If your damages and injuries exceed the policy limits, you may be eligible to file a lawsuit against the government agency. However, you must first notify them of your intent by submitting a written notice of claim within three years of the accident and wait six months before filing your lawsuit. Here’s what may happen during the 180 days after your file:
- The Division will review your claim to determine if it’s liable for your losses.
- They may deny your claim but must do so within the 180-day timeframe.
- They may resolve your claim through negotiations or dispute resolution.
- Your damage settlement will be capped at $200,000 per individual and $300,000 per claim.
Other procedures and requirements may apply to your case depending on the city and county in which the accident occurred. It’s wise to take your case to a qualified car accident lawyer to ask questions during a free case review. This allows you to find out what your next steps should be.
Who can I sue when my pothole car accident happens on private property?
Under Florida Statute § 768.10, property owners must fill in potholes or pits exceeding two feet in diameter. They can also fence around any large openings, and if they fail to fix or fence a pothole, they can be held liable for causing an accident. Seeking compensation for damage to your vehicle is usually a matter of filing an insurance claim, although you may need to proceed to a personal injury lawsuit.
Who should I call if I have a car accident from a pothole in Florida?
Discovering the truth about who might be liable for damage to your car or injuries to you and your loved ones is a matter of working with an experienced and compassionate Florida car accident attorney. Contact Lytal, Reiter, Smith, Ivey & Fronrath to schedule your free consultation using our online form or by calling us at (561) 655-1990. We are ready to listen to your circumstances and explain your options today.
