Driver stuck between city and insurer after Springfield pothole damages car
SPRINGFIELD, MA (WGGB/WSHM) -- A Western Mass News viewer says her car was damaged after hitting a pothole on Main Street last month and now, she’s caught between the city and her insurance company.
The viewer posted on Facebook and said she hit a pothole on March 23 in front of the Monkey Wrench building on Main Street. She filed a reimbursement claim with the city, but added her insurance company told her not to file a claim, warning her rates could go up for years. The city sent her claim back, telling her to settle with her insurance company first.
Joseph Leahy, president of Leahy and Brown Insurance, said pothole damage falls under collision claims. “Potholes are tough. I mean, you’re driving down the street and, all of a sudden bang, it’s right in front of you and you hit it. Well, that’s a collision claim,” he explained.
In March, Western Mass News cameras caught a driver nearly losing control trying to dodge a Springfield pothole. Leahy said if a driver is found at-fault in a collision claim, they get surcharged, but only if it costs more than $1,000. “If the damage is under $1,000, there is no increase as far as a surcharge,” he added.
Even if the pothole wasn’t the driver’s fault, some insurance companies will still raise rates. “A lot of the national companies will go up on someone’s rates, even if you’re not at-fault in an accident, so it’s difficult,” Leahy said.
In Massachusetts, a surcharge only kicks in if damage tops $1,000.
Drivers can file a claim with the city, but it could be a long process. They can file with their insurance, but should factor in their deductible and a possible surcharge or they can take it to small claims court. “That’s why you don’t deal with an 800 number. You deal with a local agent because they know the rules and they know they can give you the best advice and, I mean, because we live in the same community, so we know where the potholes are also,” Leahy noted.
Leahy’s bottom line: know your deductible, know your damage total, and talk to a local agent before you decide anything.
Western Mass News reached out to the city of Springfield for comment. A city spokesperson said, “Due to the historically difficult winter we have endured, pothole complaints have increased substantially. The City of Springfield continues to diligently review each claim and respond to the claimants in a timely manner. The City takes great exception to the insurance companies who want to pass their liability on to the City and protect their bottom line.”
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