Who is Responsible For Repairs From a Pothole in Maine?

Winter has been pretty rough for Mainers after we had a nice start to it without many snow storms. Then we got sucker punched over and over with storm after storm. It's inevitable. Every spring, potholes start popping up on Maine roads, and it seems like it keeps getting worse every year.

Forest Avenue in Portland is a Bumpy Ride Already

The above photo isn't a pothole, but it's still a rough ride. This is the seldom-used railroad crossing on Forest Avenue just past Scrub-A-Dub car wash.

This one on Elm Street in Portland isn't a pothole either, but d it's just as bad if not worse as the crumbling pavement around the railroad crossing.

Pothole season isn't in full swing yet as of this writing, and here's why.

What Causes a Pothole?

According to Wikipedia:

Water first weakens the underlying soil; traffic then fatigues and breaks the poorly supported asphalt surface in the affected area. Continued traffic action ejects both asphalt and the underlying soil material to create a hole in the pavement.

The worst part about potholes is they tend to lurk on the right side of the road, just about where your right wheel travels. If you're driving in the dark, you might never see them coming.

That's exactly what happened to me several years ago. My right tire hit hard, and I thought everything was okay until the low tire pressure light came on. The next day, I took it to the dealership, and $375 later I had a new tire. Great. I wish I could bill the town, but that's not how it works.

Who is Responsible For Damages Caused by a Pothole

If you've had damage to your car from a pothole, you're not going to like this.

According to Noyes Hall & Allen Insurance in South Portland,

Maine law absolves municipalities from liability for damage caused by potholes unless the pothole was reported more than 24 hours before your accident, and untreated. This is difficult to prove, which means you’re usually not going to get help from the city or town hall. Maine State Law is even more lenient with state-owned roads: the state of Maine is never liable for damage caused by potholes.

That's right. If that pothole wasn't reported to the town or city more than 24 hours before you hit it, you're out of luck. The State of Maine refuses to pay for any pothole damage to your car on the roads they maintain. Or in the case of potholes, don't maintain.

You're stuck with the bill in most cases, so take it easy on the roads and be on the lookout for those potholes before you end up costing yourself more money than you have to spend.