Damage due to Potholes

Reimbursement for Tire Damage due to Pothole

The Town of Westerly follows the Rhode Island State Title 24, section 24-5-13, regarding potholes, which states “(b) If any person shall incur damage to his or her motor vehicle by reason of a pothole on any municipal highway, causeway, street or bridge which damage would not have occurred without the existence of the pothole, he or she may recover from the municipality the amount of damages sustained up to and not more than the sum of three hundred dollars ($300). Provided, however, that the municipality had reasonable notice of the pothole, or may have had notice thereof by the exercise of proper care and diligence on its part, and a reasonable opportunity to repair the pothole. All claims shall be made within a period of seven (7) days from the date on which the damage was sustained by filing a written report in a manner prescribed by the municipality. In no instance, however, shall any claim for damage so caused to a motor vehicle registered in a foreign state be considered unless that state has a similar statute affording similar protection to persons owning motor vehicles registered in this state.

1. Claimant (driver of vehicle) should complete the accident report (Automobile Accident Reporting Form).

2. A Police Report should be obtained for any accident

3. E-Mail a completed copy of the Automobile Accident Reporting Form and any police reports, along with, if possible, pictures of the loss scene to the Town/School Risk Manager