How To Get Compensated If Your Car Is Damaged By A Pothole

They get you when you’re coming. They get you when you’re going. And if you’re in your car, they’ll eventually find you wherever you are. Potholes are as common as construction projects in the city and if you hate them as much as most drivers, you’re not alone.

The city fills about 5,550 of them a year or roughly 550-1,000 every month. But thanks to Toronto’s financial crisis and the fact there are more cars on the roads of the GTA than ever before, it’s become almost impossible for crews to keep up with them. And experts with the city, which has 9,500 separate streets to deal with, suspect the repair backlog will grow even worse next year as the problems and potholes both expand. 

Those rutted routes can play havoc with your vehicle, sometimes leading to expensive repair costs that you have no choice but to make to keep your well-oiled machines running. But it turns out, you may not have to.

If you can prove to the city’s sometimes exacting standards that damage to your car was caused by damage on a city street, they may pony up the cost of your next repair.

But as one resident learned, it’s not exactly an easy process. Karl Reuber was driving his car near Dufferin and Briar Hill Ave., when he hit one of the dreaded holes.

“It blew both tires, bent both rims, blew out all the suspension in the front end of the car. It was a big pothole,” he said.

Reuber took pictures of the foot-deep pothole that damaged his car to a total of $4,500.  He made a claim to the city, and eventually recieved $3,000, but in the process he learned that many already know – City Hall holds onto its cash with vice-grip intensity.  The numbers tell the whole story.   Last year 250 claims were filed.  Only 3 per cent were paid out.

Jeff Madely is  in charge of the city’s insurance claims. To get money, he says you have to demonstrate negligence on the part of the city.

“Really the first course of action that an individual should take is to go to their own insurance company for recovery. They’re insuring their vehicles. There’s no obligation on a municipality to insure their vehicles,” he states.

It took Reuber six months to see the cash.

“It got to a point where the adjuster wouldn’t return my calls,” he states. “I would just go once a week and sit in her office and wait for her to come back from lunch. In the end, that’s what got my money.

“I think I could become mayor just saying, ‘I’m going to fix the potholes.’ I mean like it’s ridiculous. I bought a truck just to drive in the winter.”

Do you have a claim you’d like to make?  Here’s how to get the ball rolling.

City of Toronto

First you have to prove it was the city’s fault. Toronto’s legal department never pays out a claim without a thorough investigation first.

Needless to say, they’d prefer you go through your insurance company first.

If you decide to pursue the complaint, you have to submit it in writing. The claim has to include the time, date and location of the incident, a description of what happened, and a damage estimate.

And don’t wait. Any such bid for compensation has to be done, in the city’s underlined words, “immediately”.

Address your note to:

City Clerk’s Office,
City Hall,
100 Queen Street West,
Toronto.
M5H 2N2

Fax: (416) 392-1867

Or you can email: clerk@toronto.ca

But even then you’re not finished. Two weeks later, you’ll get another letter in the mail acknowledging receipt of your complaint and if it’s found valid, you’ll then receive yet another form to fill out.

For more information, call (416) 397-4212.

Ontario Highways

The needs are similar to the city, but the envelope or email goes somewhere else.

Mail a comprehensive claim that includes the time, date and location where the damage occurred, and include copies of any relevant documents – like a repair bill or an estimate.

Send it to:

Management Board Secretariat

Risk Management & Insurance Services

700 University Avenue,

6th Floor,

Toronto.

M7A 2S4

Here’s where more government red tape comes in. You can fax the information if you want to (416) 314-4444 – but you have to follow it up with a mailed letter either way. And you may have to wait up to three months for an answer.

Call (416) 314-3445 for more information.

Pothole Repair

Finally, there’s a way to get even with the pothole that did you in. In Toronto, call (416) 338-9999, and then push #1. You’ll then be asked to pick the location you’re concerned about and someone will take down your information. An inspector will go out and if the problem is serious it will be fixed right away. If not, it could take two or three days.

If you come across a hiccup on the highway, call (416) 235-4686 or toll-free at 1-800-268-4686.