What to do when a pothole damages your car

What is a pothole?

A pothole is a depression in a road surface from which vehicle traffic has removed pieces of the pavement.

A combination of water in the underlying soil and traffic passing over the affected area leads to the formation of potholes. The water weakens the underlying soil, and the traffic breaks the surface of the affected area. As more traffic passes over, a hole forms in the pavement. Insufficient pavement thickness, poor drainage, and unmaintained defects car also form potholes.²

In the first few months of 2023, the City of Montreal filled more than 110,000 potholes. The city’s 311 service received 2,328 reports of potholes in January and February 2023, up 900 from the same time the previous year. The municipality has invested $880 million over the next 10 years to fix them.³

What recourse do you have if a pothole damages your vehicle?

The municipality is the obvious culprit for potholes. After all, the city is responsible for road maintenance, including the filling and repairing of potholes. However, seeking redress from the city is not a straightforward process.

Article 1127.2 of the Municipal Code of Quebec states that the municipality is not liable for damage caused by the state of the roadway or bikeway to the tires or suspension system of a vehicle.⁴

This means that the aggrieved driver has to establish that the municipality was negligent in its maintenance of the part of the road where the accident occurred. This can be done through photographs and videos of the area in question. For example, were there signs to warn of the risk and the condition of the roadway? Was the municipality informed of the pothole, and did they act appropriately afterwards?

The driver must also prove the material damage to their vehicle and indicate the cost of the repairs. Finally, they must show that the material damage is the city’s fault.

To claim compensation for property damage caused by a pothole, the driver must send a notice of claim to the city or municipality within 15 days of the accident. You should keep proof of your sending of the claim in case of a dispute.⁵

Pothole damage and car insurance

If you opted for collision and upset coverage on your policy, damage from a pothole would be covered, with a standard collision deductible of $500, if applicable. Under the Quebec Automobile Insurance Policy Form (Q.P.F. N^o 1), collision includes any collision between an insured vehicle and the ground.

If you file a claim, obtain and provide as much information as possible, including photos of the damage and the pothole.

Preventing pothole damage

The best way to avoid repairing pothole damage is to avoid the damage altogether. Here are some tips to avoid or minimize pothole damage:

• Don’t hit your brakes before encountering a pothole. This can cause greater damage to your vehicle.
• If contact with a pothole is inevitable, try to slow down as much as possible. Let off the brakes the moment before you hit the pothole, allowing your vehicle to absorb the blow.
• Hold the steering wheel tightly. Hitting a pothole with a loose grip can cause you to lose control of your vehicle.
• Be especially wary of puddles during the end of winter as they can conceal massive potholes large enough to cause severe damage to your car.
• Always maintain the proper air pressure in your tires.
• Leave lots of room in front of your vehicle so you can see the road ahead and avoid potholes.

If you do hit a pothole, watch for indications that your vehicle may have been damaged:

• Recurring loss of air pressure or flat tires.
• Noticeable bends or dents in your wheel rims.
• Vibration in the wheel or in the seats.
• Misalignment in the steering wheel.

If you notice any of the above issues, have your vehicle looked at by a qualified professional.⁶

Commonly asked questions

Where do I seek recourse if I hit a pothole on a Quebec provincial highway?

The Ministère des Transports du Québec (the Quebec Department of Transport) is responsible for provincial roadways. If you suffer vehicle damage from a pothole on a provincial highway, you would need to seek compensation from the Quebec government. Keep in mind that they benefit from protections similar to those shielding municipalities.⁷

As with any other pothole damage, your car insurance policy would cover the damage as long as you’d purchased collision coverage.

Why are there so many potholes in Quebec?

According to the Quebec transport department, the province faces the challenge of managing 325,000 km of roads used by 8.4 million people. Quebec also has harsher and wetter winters than other major jurisdictions.

In Montreal, aging roads, insufficient maintenance, and budget constraints have all exacerbated the pothole issue. With limited resources available, the city has found it difficult to allocate enough funds for proper maintenance and repairs. This has led to a backlog of roadwork as city workers race to fill potholes.⁸

Sources

1. Global News. “Quebec coroner says a man died last year after hitting large pothole.” globalnews.ca, 16 Jul. 2024, globalnews.ca/news/7185314/quebec-man-died-pothole.
2. Wikipedia. “Pothole.” wikipedia.org, 7 Aug. 2024, en.wikipedia.org/wiki/Pothole.
3. CityNews. “Record number of potholes reported in Montreal.” montreal.citynews.ca, 8 Mar. 2024, montreal.citynews.ca/2024/03/08/montreal-record-number-potholes-reported.
4. Municipal Code of Québec. “Exoneration of responsibility with respect to roads.” gouv.qc.ca, www.legisquebec.gouv.qc.ca/en/document/cs/C-27.1. Accessed 11 Nov. 2024.
5. Lambert Avocats. “Pothole Season: Recourse for Property Damage.” lambertavocats.ca, 11 October 2024, lambertavocats.ca/en/legal-capsules/potholes.
6. Insurance Bureau of Canada. “Preventing Pothole Pitfalls: Safety Tips and Insurance Advice for Drivers.” bac-quebec.qc.ca, 3 February 2014, bac-quebec.qc.ca/media/5083/20140204_press-release_preventing-potholes-pitfalls.pdf.
7. Éducaloi. “Killer Pothole: Who Pays for the Damages?” educaloi.qc.ca, 24 April 2024, educaloi.qc.ca/en/legal-news/killer-pothole-who-pays-for-the-damages.
8. Liberté, Mig. “Why are the roads in Montreal so bad?” samcon.ca, 15 October 2024, www.samcon.ca/why-are-the-roads-in-montreal-so-bad.

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