6 Ohio Rules That Decide Who Pays When a Pothole Wrecks Your Tire

One bad pothole can turn a normal drive into a pricey tire bill.

Ohioans may be able to get some of that money back, depending on who maintains the road and what you can prove.

Here’s what to know before you file a claim.

Note: This is general information, not legal advice. Claim rules, fees and deadlines are subject to change, so confirm the current details with the Ohio Court of Claims or the agency that maintains your road.

1. Road Ownership

The Ohio Department of Transportation (ODOT), your county and your city each maintain different roads, so a pothole claim goes to whichever government maintains yours.

The Court of Claims said in its Mitchell decision that ODOT has a duty to keep its highways in a reasonably safe condition.

Ohio law puts county roads under the board of county commissioners.

A city’s legislative authority has the care, supervision and control of its streets, under section 723.01.

Before you file anything, confirm who maintains your stretch.

On an interstate, the answer may not be ODOT.

A 2014 Court News Ohio report said ODOT has contracted with some local governments to maintain certain stretches of interstate.

2. Notice Rule

A claim against the state turns on whether ODOT knew about the pothole that hit your tire, or should have.

In the 2011 Mitchell case on Interstate 70 in Preble County, a driver asked for $405.56 for two replacement tires.

The court ruled for ODOT, finding no evidence the agency had actual notice of the pothole before that day.

To claim constructive notice, you have to show enough time passed that ODOT should have found the hole.

ODOT also isn’t an insurer of the safety of its highways.

Columbus’s claim page says a pothole claim must show the city had actual or constructive notice and failed to respond in a reasonable amount of time.

3. Immunity Exception

Under section 2744.02, cities and counties are generally immune from damage lawsuits, but a pothole on a city or county road falls under an exception.

That exception makes the city or county that maintains your road liable for property loss caused by its negligent failure to keep public roads in repair.

If your pothole is on a state road, the state waived its immunity and agreed to be sued in the Court of Claims.

That court doesn’t hear lawsuits against county or city governments, according to its jurisdiction page.

Same pothole, different courtroom.

4. Failed Patches

The Court of Claims said in its Porter decision that a pothole patch that deteriorates in less than ten days counts as evidence of negligent maintenance.

The rule traces back to an earlier Court of Claims case, Matala.

The Interstate 275 decision cites the same ten-day rule.

Pavement patching took place seven days before that driver’s incident.

If you know when a spot was patched, put that date in your notes.

A 2014 Court News Ohio report also listed affidavits from other drivers in the area among the evidence to include, if possible.

5. Insurance Offset

Insurance can shrink a pothole claim against the state.

Under section 2743.02(D) of the Ohio Revised Code, recoveries against the state are reduced by the insurance proceeds a claimant receives or is entitled to.

In the Hamilton County case on Interstate 275, a driver reported $1,541.63 in vehicle damage after a pothole on March 6, 2023.

The driver had a $500 collision deductible, according to the decision.

The driver also said she wouldn’t file a claim with her insurance company.

The judgment was $525, which includes the $25 filing fee and equals the deductible plus that fee.

If you carry collision coverage, you’ll want your deductible figure before you file.

6. Two-Year Clock

Ohio’s deadline for your pothole claim against the state is two years from the date the claim arises, under section 2743.16.

That statute gives way to any shorter deadline that applies to similar suits between private parties.

A claim against a city or county also gets two years, under section 2744.04, unless the Revised Code sets a shorter period.

Mark your calendar the day you hit the pothole because two years goes fast.

Filing at the Court of Claims

The Ohio Court of Claims charges $25 to file a pothole claim.

The clerk of the court decides a claim for $10,000 or less administratively.

The court’s homepage says there’s no trial or hearing, only the documents, photos and affidavits you submit.

For a claim that size, it’s okay to represent yourself.

Section 2743.10 gives the state agency 60 days after it receives the complaint to report its investigation to the clerk.

Reporting the Pothole

For state routes, ODOT takes a pothole report through its online damage and defect report form.