How to File a Damage Claim in Wayne County

If your car was damaged as a result of hazardous road conditions, such as potholes, you may be able to receive reimbursement if the owner of the road [city, county, or state] is deemed negligent in addressing the problem prior to the time you encountered it.

Determining negligence varies based on certain conditions, and is therefore, decided on a case-by-case basis. For example, if Wayne County receives a report of a large pothole during the summer - when such complaints are few - and two weeks later it hasn't been fixed when you hit it, you may have a good case.

If however, this occured during late winter or early spring - when potholes emerge by the tens of thousands - a several-day response is not considered negligent. The keys are whether the road agency had prior knowledge of the problem and whether it had adequate time to respond before damage was sustained.

If you wish to file a claim for damages sustained by your vehicle along a roadway, you'll want to follow the following procedures.

1. Have specific information ready:

• Date of accident
• Exact time of accident [as close as possible]
• Exact location of accident [for example: Right lane of southbound Greenfield, approx. 1/4 mile south of Warren]
• Estimate or receipt for any vehicle repair needed as a result of damage
• Photograph of damage and/or road problem is also helpful [polaroid is fine]

2. Determine if the pothole is on a county, city or state road. That will dictate whom you contact to file a claim.
Here are some guidelines:

All freeways, although maintained by the County, are State roads, so the Michigan Department of Transportation is liable for any damage claims. This also pertains to the following State Trunkline Roads in Wayne County:
Woodward, Gratiot, Grand River, Michigan Ave., Telegraph, Fort Street, Ford Road, Ann Arbor Road and Van Dyke.
To file a claim from pothole damage along any of the above roads, call MDOT: 877-641-3913, or download a MDOT claim form:

:: mdot damage claim » ::

Most other major "mile" roads are the responsibility of the County, although some may be the responsibility of whichever city you live in. If you don't know, just call the County's Claim office at (313) 224-7766, and they'll tell you. You can also download a Wayne County Claim Form:

:: wayne county claim form » ::

3. Finally, if you haven't already, please report the pothole to our road maintenance division at 1-888-ROAD CREW, so other motorists don't have to hit the same hole

:: back to the top ::