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Drivers Seek Compensation for Damage as Pothole Problems Persist

If an entity's negligence led to your vehicle being damaged, you're more likely to receive a payout.

WINSTON-SALEM — If it seems like potholes are worse this year, it's because they are. The North Carolina Department of Transportation had 10,862 potholes reported in 2017. This year to date, drivers have already reported 10,307. It's the same story in Winston-Salem. In January through the end of April this year, its CityLink service received 489 concerns regarding potholes. For the same period in 2017, the number of concerns was just 346. Both entities attribute the increase to an intense winter with several freezes and thaws.

Crystal Hairston hit one of those potholes back in April.

"It was a deep, big pothole and once I went over it, that's when I realized that my car was shaking," Hairston told us.

It happened on Hanes Mall Boulevard on April 8. The next day when she drove past, it was patched.

"One day too late," she said.

Crystal Hairston talks about the damage to her car from driving over a pothole in Winston-Salem.

She took her car to a repair shop which gave her an estimate of $380 to fix problems with her axles, ball joins, arm control and brakes.

Hairston says it took nearly a month of dealing first with the city of Winston-Salem and then with the NCDOT, but Monday she finally officially filed a claim with the state which maintains Hanes Mall Road.

NCDOT says the Attorney General’s Office determines whether a claim gets paid. But one consideration is whether NCDOT knows about the pothole and doesn’t fix it within a "reasonable length of time."

Hairston says the state told her it will take 10 to 15 days to process the claim before an investigation can even begin. She'll likely pay for the repairs out of pocket and hopes for a reimbursement.

"I absolutely feel like it's not my fault and I shouldn't have to pay for something that I'm not liable for," Hairston said.

If your car is damaged by a pothole, make sure to first determine which entity (city, county, state, etc.) is responsible for maintaining that road. That is where you will need to file your claim. Also, ask that entity when the pothole was first reported. If they haven't fixed it within a "reasonable amount of time" it could be considered negligent and help your case.

The NCDOT says anyone can report a pothole or file a claim about a state-maintained road through their website.

In the city of Winston-Salem, they try to determine if the city’s negligence led to the vehicle being damaged. In North Carolina, it has been established that in order for an entity such as the city to be considered negligent in a pothole claim, they must have had actual or constructive notice of the existence of the pothole. If they didn't, it's unlikely that the claim would meet the criteria for payment.

To begin the claims process in Winston-Salem, you can call 311 or the Risk Management Division directly at (336) 734-1323.

HOW TO REPORT POTHOLES In Your City

Greensboro

You can file a report over the phone by calling 336-373-CITY.

You can also go online to the City of Greensboro’s website.

Winston-Salem

To report a pothole in Winston-Salem, visit the city's website, then scroll to the bottom of the page and click report online and follow the steps from there.

High Point

If you live in High Point call the Customer Service department at 336-833-3111 to report a pothole.

Burlington

Report potholes on the city of Burlington's website or call: 336-222-5024

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