Contact your insurance company.
Find out the deductible and potential premium increase you'd incur if you were to submit an insurance claim. If it's not worth the hike then opt out of submitting an insurance claim altogether. No record will appear on your claims history for simply inquiring so it can't hurt.
Submit a claim for damages to the city of Montreal.
Before submitting a claim for damages, be aware that the city of Montreal is not liable for damage to tires or suspension systems from road conditions (like potholes). However, damage to steering, wheel rims, alignment, hubcaps, and other parts can be claimed for compensation. In addition, the motorist must show city authorities were aware of the pothole in question and yet did not repair it within a reasonable delay.
Motorists have 15 days after the pothole incident to submit a claim by registered mail to the city of Montreal. City authorities are not necessarily going to accept your claim, but it's certainly within your rights to file one.
Call 311, the city of Montreal info line, for more details on preparing your claim.
File a lawsuit.
A motorist can sue the city for damage on grounds of carelessness, negligence, or misconduct if he or she can prove, once again, that city authorities were aware of the pothole but did not repair it within a reasonable delay.
Motorists have a six-month window to file a lawsuit. The case goes through Small Claims Court if reported damages are less than $7,000 (which is most likely in the case of pothole damage) and no lawyer need be involved.
Burden of proof is on the motorist.
Winning a lawsuit and/or a claim against the city of Montreal for vehicular damage from potholes is no easy feat. As previously mentioned, the city is not liable for tire or suspension system damage so the repairs will have to exclude the latter parts in order for a case to hold up. In addition, the motorist must prove the city was aware of the pothole and neglected to fix it within a reasonable delay.
Present a solid case.
- Take pictures of the pothole.
- Gather witnesses who were aware of the pothole and how long it was in disrepair (e.g., passengers, residents, motorists, local merchants, etc.)
- Have a repair estimate from a recognized garage indicating the damage was on car parts other than tires and/or suspension.
- Present proof of the date the pothole was reported (e.g., email to the city, letter, etc.)
How strong is your case? Consult previous pothole court cases online and compare.
Access the Quebec Court judgments website. Select "division des petites créances" in the search engine and enter the keyword "nid-de-poule" to access a list of all small claims cases involving potholes. In French only.
Return to Montreal Pothole Survival Guide Main Page
Sources
CAA Quebec Pothole Watch
