Colorado pothole claims denied 99% of the time

In Colorado, roadway-related damage claims are notoriously difficult to navigate. This year alone, there have been 500 claims made concerning damages caused by potholes, yet only two have resulted in payouts. These claims often stem from hazardous conditions, such as those experienced by Roger Bland, who suffered significant tire damage while driving on Interstate 70 east of Denver. Bland hit a large pothole while trying to avoid a parked car and documented the damage done to his vehicle. Despite having evidence and believing the state should take responsibility, his claim was rejected. According to Doug Platt, a spokesman for the Colorado Office of Risk Management, state negligence in responding to known potholes is essential for a payout to occur. It is not enough for a pothole to simply exist on the highway. For the state to be found liable, an accident victim must prove that the Colorado Department of Transportation (CDOT) had prior knowledge of the pothole and failed to repair it within a reasonable timeframe. Such claims are assessed on a case-by-case basis, factoring in unique circumstances such as weather variations. For instance, what constitutes a reasonable time for repairs during the winter is different than during summer conditions. This has led to confusion and disillusionment among motorists who find themselves victims of roadway neglect. Despite the high number of claims filed, the state's strict interpretation of negligence effectively limits payouts. Claimants like Bland find that a crucial part of the process involves reporting the pothole before any damage occurs, as this may aid future claimants. Unfortunately, many remain unaware of this prerequisite, which further complicates their attempts to seek reparations for damages incurred due to inadequate roadway maintenance.