Important Information For Filing Pothole Damage Claims
Please be advised that the City of Germantown isn't automatically responsible for pothole damages. These claims are governed by Tennessee State law, particularly The Governmental Tort Claims Act, T.C.A. §29-20-101, et seq. The provision of this statute that is applicable is section §29-20-203, which reads as follows:
§29-20-203. Highways, streets and sidewalks; unsafe conditions
- (a) Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. “Street” or “highway” includes traffic control devices thereon.
- (b) This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required
In compliance with the statute above and for the City to be responsible to pay for any damages on pothole claims, the following items must be proven true:
1. The City must be shown to have had notice of the pothole (i.e. known that the pothole was in the street) prior to it causing damage to your vehicle, and
2. The City also must have had a reasonable time in which to repair the pothole after receiving notice.
In investigating your claim, the Risk Management & Safety Coordinator will send inquiries to the City’s Public Works Street Maintenance Department and the City's Online Customer Service Center. These entities are responsible for collecting reports of dangerous road conditions. If the City hasn't had prior notice of the pothole or if the City did have prior notice and repaired the pothole within a reasonable amount of time, under the law cited above, the City will not pay your claim.
Click here to report a pothole to the City of Germantown Public Works Streets Division via the City of Germantown Customer Service Center. You may also report the pothole and other issues on the Germantown On The Go mobile app, click here for more information.
Click here to file an insurance claim with the City of Germantown.