What to do when a pothole damages your car

What is a pothole?

A pothole is as it sounds: a hole in the road.

Potholes occur when water seeps in under the pavement and to the sub-base below. As the water freezes and thaws, it lifts and cracks the pavement, and creates a void under it in the sub-base. These cracks are made worse when traffic drives over it. Eventually, the pavement breaks and falls into the void, creating the pothole. Poor drainage, insufficient pavement thickness, and lack of road maintenance all contribute to potholes.²

Throughout 2023, the City of Montreal filled more than 110,000 potholes. In January and February of 2023 alone, the city’s 311 service received 2,328 reports of potholes, which was 900 more than the same period in 2022. In early 2024, the city announced it is investing more than $840 million for road planning and surfacing over the next ten years.³

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

The city is responsible for road maintenance, including filling and repairing potholes; and if your vehicle is damaged by a pothole, the city seems like the obvious culprit. That said, seeking compensation 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,” so you’ve got your work cut out for you.⁴

This means you have to establish that the municipality was grossly negligent in its maintenance of the road where the incident 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 hitting the pothole is inevitable, slow down as much as possible before you reach it. Take your foot off the brake pedal before you reach the pothole. This gives your vehicle’s suspension full travel, helps it absorb the shock and minimize the damage.
• 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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