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Old 04-01-2008, 11:15 PM
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Ouch ! expensive pothole.

Here's an interesting article from the Boston Globe:

http://www.boston.com/news/local/mas...225863/?page=2

Which brings us to that all-important question: Who pays the bill?
Probably - but not always - you.
From an insurance standpoint, pothole damage is covered under collision coverage, but it's subject to standard deductibles, said Daniel Johnston, executive director of the Automobile Insurers Bureau of Massachusetts.
"Since most of the time the damage that you get is to a tire or rim, usually the cost of that doesn't rise above the deductible, which is usually $300, $500 or $1,000," he said. "So, technically, while there may be coverage, as a practical matter there's very rarely a claim."
If you hit a pothole on a state-maintained road, well, you're out of luck again. According to a century-old state law, the "Road Defect Statute," the Commonwealth is not liable for any car damage sustained on its roads. (The state allows claims only for personal injuries.)
Local roads are different, though. According to a different statute, "Personal injuries or property damage from defective ways" (Massachusetts General Laws, Chapter 84, Section 15), cities and towns must properly maintain their public ways. If they don't, you could seek property damages of up to $5,000.
Boston has a four-page form, which you fill out at the city clerk's office for a fee of $5, that asks for a detailed description of the accident and repair estimates.
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