How you could get money if a pothole damages your car on an Ontario road

It’s pothole season is Ontario, with freeze-thaw cycles ongoing in the province.

Crews are often working at this time of year to fix as many potholes as possible.

But did you know you could possibly get money from the province if your vehicle is damaged after hitting a pothole on a provincially maintained road?

Here’s a look at how the process works:

The criteria

The Ontario government website notes that you can submit a claim to the Ministry of Transportation if three main conditions are met.

They are: your vehicle was damaged on a road that’s maintained by the province, the province is responsible because the road wasn’t “maintained to a reasonable standard,” and the claim is submitted within 10 days of the damage occurring.

This isn’t limited to just cases involving potholes, either.

The province said that before submitting, drivers should do a search to ensure that the road where the incident occurred is maintained by the Ministry of Transportation.

“City streets are generally the responsibility of the municipality in which they are located,” the province says.

“County and regional roads are often the responsibility of counties or regional governments. MTO is responsible for maintaining all roads under its jurisdiction including major highways like the 400 series.”

The process

Claims can be submitted using an online form or a PDF document here.

“Submitting a claim for a damaged vehicle does not imply that you will necessarily receive compensation,” the province says.

“We will thoroughly review your claim and send you a response.”

The process can take some time — typically two to four months.

While waiting, drivers can report the damage to their insurance company, which may be required to pay, the province says.

The company can then seek reimbursement from the MTO.

“Your insurer may be obligated to pay the full replacement cost of your damaged vehicle,” the province says.

“If your claim against MTO is accepted, damages will be subject to depreciation and betterment. That means the amount you receive from the claim may be a percentage of the replacement cost depending on the evaluation of the claim.”

The province said that in addition to having to submit a claim within 10 days of the damage occurring, there is a two-year limit for a legal proceeding to begin.