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Does the WV DOT or other authorities reimburse for pothole damage to cars? My wife and I were traveling southeast on US-35 when we hit an enormous pothole that flatted our front tire. We had to stay overnight in Charleston since there were no tire stores open (Wal-Mart did not have our tire size). Our tire cost ~$200. Unfortunately we do not have any photos of the pothole or tire. We only have the receipts from the replacement.
I'd really be surprised, too. You'd probably have to sue, and the first hour of lawyer time would eat up any reimbursement you might eventually receive.
Can a state be sued? I seem to think they cannot. Reason I say that is from the experience of a friend - although it was in Va so laws may be different. Anyhow, he worked for the state and had a fender bender in a state vehicle. The state couldn't be sued so they were suing him personally.
I believe you're right, vec. A state has "sovereign immunity", which means you can't sue them unless they agree to let you sue. There are some exceptions; sometimes the legislation instituting something will include provisions for lawsuits. This is frequently the case for civil rights, environmental, and safety issues, for example.
Wv passed anti-lawsuit laws about 20 years ago...can you imagine the potential state bankruptcy if they had not done that...and their liability for many things are questioned...
The most common type of roadway damage is from huge trucks who lose a rock and it bounces up and hits a windshield, if the victim gets the license number and contacts the trucking company, ususally they are good for the new windshield.
The other help is a 'road hazard clause in the auto insurance policy, with the tire manufacture or with a persons towing insurance...those are consumer buys and if you have one...(and they are very necessary here), reimbursement is only about 2 wks away...
you have to file it with the wv court of claims and appear in front of a judge. i had to replace a rim and tire on two separate occasions from two separate potholes in a matter of a couple months. it took about a year to go through the process and then get my money back but i got most of it. They only gave me a percentage of each one. I think like 75% and 90% for different reasons like i should have been driving slower because it was raining, etc.
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