When Bend potholes strike, will city foot repair bill?

We’ve told you what causes potholes, and what’s being done to keep the roads patched, but what about if you’ve already learned about them the hard way? Bend resident Jen Floyd did just that Tuesday night

“It had gotten dark out, it was raining, so there was water along the roadway, and all of a sudden there was a bang, and I knew I had hit a pothole,” she said Wednesday of the nasty encounter on Northeast Neff Road.

Floyd said Bend police told her as many as six cars had fallen victim to that same pothole. She said she sees crews working all the time, but it’s frustrating knowing her issue could have been avoided.

“The police officer and the tow truck driver told me someone else had hit the same pothole earlier in the day, and the city of Bend knew about it, and they didn’t get to it,” Floyd lamented.

Floyd said she plans on filing an insurance claim against the city, and is trying to keep a positive attitude about them being able to help her.

But this begs the question: When potholes strike, is the City liable? We reached out to Brenda Mingus, the city’s risk manager, for clarification.

“If there’s a pothole, it doesn’t automaitically mean that the city is liable for the damages that may have been caused to their vehicle,” she said.

According to Mingus, the first step is filing a claim with her, but the ultimate decision of liability falls on the city’s insurance carrier, CIS. They determine who is at fault through an investigation, just like any other accident.

Contact Mingus at 541-693-2129. Claimants can fill out a one-page form, and should provide photographs, receipts and other documentation of the damage.

“It comes down to whether the city had knowledge of the pothole, and whether the city responded in a reasonable time to repair the pothole,” she said. “They also look at the drivers liability, did the driver bear some responsibility?”

Mingus said each accident must be looked at on a case-by-case basis, with no guarantee for either side.

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Tuesday night’s story:

Winter can’t seem to make up its mind. It’s snowing, then sunny, then rainy, all in the same day. While some might enjoy the variety, this constant freeze and thaw creates a major annoyance for Central Oregon drivers: potholes.

“A ton — I’ve seen a ton of potholes,” one Bend driver told us Tuesday.

It may seem like these potholes pop up overnight. According to ODOT spokesman Peter Murphy, that’s because the way they patch them at this time of year is only meant to be a temporary solution.

“There are quick fixes, that will solve the problem of your wheel hitting and hurting your car,” he said. “Or you can take the long-term approach, but that has to wait until warmer weather.”

So, what is the long-term fix?

Murphy explained, “You have to get all the way down to the base, where the rock is, and then maybe even put more rock in, and then start adding layers of asphalt on top of it, so it can take quite a bit of time actually to get it done right.”

Crews have to wait for the freeze and thaw to stop for this fix. Meanwhile, they spend time on constant maintenance.

Bend city workers were out patching the roads in Tuesday’s rain. Among them was Criag Qual, who stopped work briefly to say, “We’re out here trying to do the best we can. We’ve got several crews that are out here trying to get these potholes taken care of.”

So while pothole dodging might not be your favorite winter sport, ODOT and city crews both said they recognize the concern, and that they are constantly working to stay on top of the problem.

“we’re having our crews work as much as they can, as best they can, in the conditions we have available,” Murphy said.