COLORADO SPRINGS, Colo. — Records show Colorado pays out few claims for damages caused by potholes.
This is because the state has to prove it’s liable for the damage by not fixing a pothole in a “reasonable” amount of time.
Data requested by News5 shows more than 1,300 claims have been filed since 2022, but the state has only paid out five of those claims in that time. The total cost paid out is $11,035.99.
“The statute has a standard of reasonableness,” Doug Platt with the State Office of Risk Management said. "In a state as diverse as Colorado with his diverse terrain and highway system, that could be any number of conditions."
This means the state has to show it knew about a pothole and didn't respond in a reasonable time to fix it when someone's vehicle was damaged.
Jeremy Loew was driving on Highway 115 near Lake Avenue in Colorado Springs last month when his tire — as he described — “exploded.”
“When a pothole literally blows up your tire and causes damage to your wheel, this isn’t just a normal pothole, right?" Loew said.
When he drove back in a different vehicle, he saw the pothole had metal rods sticking out. He reported the pothole to the Colorado Department of Transportation (CDOT).
“I thought, 'great this is going to get done immediately,'” Loew said.
It didn’t.
Loew shared the email he received from CDOT on June 4 saying maintenance would be taking a look at the pothole with News5. Six days later, News5 went to see the pothole. It still hadn't been filled. The following morning, it appeared to have been repaired.
News5 reached out to the Colorado Department of Transportation (CDOT) to learn the timeline of their records on this repair, but did not hear back before the publishing of this story.
When Loew reported the pothole, the state pointed him to file a liability claim for the damage caused to his tire.
“There are much better uses for that money to repair my tire,” Loew said. “This is one of the most traveled roads, it goes to and from Fort Carson, our soldiers travel on this road,” Loew said.
If you do find your car has been damaged from a pothole, you can always file a claim on the state's website here.