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Pay for pothole damage? UDOT says, "No"


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Updated: 1/26/2011 1:00 am | Published: 1/25/2011 11:45 pm
Reported by: Brent Hunsaker
OREM, Utah (ABC 4 News) - The Utah Department of Transportation is denying claims from hundreds of drivers with cars damaged by potholes on I-15 in Utah County.

There’s no argument on this point: it has been a bad winter for potholes inside the I-15 core project. They aren’t just popping up in a few places; they seem to be everywhere.

Heather Barth of Midvale is one of those hundreds who filed claims with UDOT for damage from potholes.

A couple days before Christmas, Heather and her husband, David, were driving back from Provo when they hit a series of big, deep holes in northbound I-15. “I screamed,” said Heather. She explained the noise of the impact was so loud she thought someone had run into them.

The car was checked out at a Firestone repair shop. The Barths were told that all four tires had sidewall damage and could not be repaired. What’s more, one of her rims was bent by the impact with the potholes and should also be replaced. The estimated cost of all the damage was more than $1,000.

Heather called an entity that handles claims against UDOT and its contractors and was told to fill out the paperwork and send it in. The answer was prompt: Denied.

The letter informing her of the decision read in part, “The Utah Department of Transportation and parties working on its behalf made all reasonable effort to maintain the road in usable condition.”

Heather didn’t think much of that effort. She said, “It’s frustrating because I know I’m not the only one that had this happen.”

“We don’t guarantee that the road surface is going to be in perfect condition,” said Scott Thompson, who is a UDOT spokesman assigned to the I-15 Core project in Utah County.

Thompson contends that UDOT did everything it could to stay on top of the problem. Crews even resurfaced entire sections of the old roadway. But time, traffic and the weather conspired against them.

“For our insurance, unless they can prove there has been some negligence on the department’s behalf – not taking care of the potholes in a timely manner – they have been denied,” stated Thompson.

“I definitely think that UDOT wasn’t listening,” said a disappointed Heather Barth.

To some degree, potholes are a typical hazard of winter driving. But Heather believes the problems in the I-15 construction zone went far beyond what anyone would consider typical.

She is wondering if any other drivers would be interested in working together to press UDOT to reverse its position on pothole damage. She’s even set up an email so they can communicate.

Here’s the address: ProvoPotholes@gmail.com



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jdmsquirrel - 2/4/2011 10:53 AM
0 Votes
Kipper1-Thats not what people are complaining about, Its the damage due to poor attention to the roads and having trucks throwing rocks all over the place. Where is highway patrol to bust the trucks carrying rocks without tarps...oh right highway patrol is hired by udot...conflict of interest anyone?

jdmsquirrel - 2/4/2011 10:51 AM
0 Votes
I ve had 2 wheels curbed up and over 20 rock chips done to my brand new vehicle. This was all done on one day from Provo to Draper. Note to UDOT, you ll be paying with either cash or deal with a lawsuit. I gues I can damage a vehicle with rocks and get away with it too? PS UDOT is fixing their vehicles that get damaged..why cant they fix ours?

kipper1 - 2/1/2011 5:32 AM
0 Votes
I have watched cars crossing thr RR tracks at Geneva road near orem. The tracks are rough and people are crossing them at high speeds. No wonder their cars total when they hit a pot hole at 65 or 70. They just don't get it.

kipper1 - 1/31/2011 12:04 PM
1 Vote
Slow down the speed limit is 55 mph. Traffic is running 65mph to 80 mph.

UDOTCC - 1/27/2011 12:33 AM
0 Votes
Join us - http://www.udotcostcounter.com

redline - 1/26/2011 10:20 PM
0 Votes
I totally agree with UDOT denying claims. Who knows where these cars were actually damaged at? If you want UDOT to properly fix the roads faster then they'd need to close the freeway. Oh wait, then people would be complaining about that too.

utahpotholes - 1/26/2011 3:28 PM
1 Vote
I was told today by the insurance company for UDOT that they did a thorough investigation into my claim. I talked to the supervisor and got times of when my claim was handled and denied, there was a total of 2 hours the claim adjuster had to work on my case and at the same time working on hundreds of other claims. I then found out that my claim was denied after their office hours. Does that make since that they say they go through their claims one by one but at the same time have a computer deny all claims received??? After calling them everyday I finally got a call back today and they said they had spoken with me earlier this week about the claim which is not true, which means my claim adjuster is lying about the case and they refuse to not work on the claim again. Also, has the weather this year been any more severe than previous years? NO. Why are the roads so much worse this year than previous years?????

skytang - 1/26/2011 12:24 PM
1 Vote
I would think that the highway patrol officers would be just a bit concerned about this. They are the ones getting hit and sometime killed by the people trying to avoid the potholes. UDOT are telling people that these potholes are avoidable. Yes, avoidable by veering into other lanes illegally. And avoidable by veering into traffic that has stopped and pulled over due to hitting these holes. Where's the highway patrol's voice on this?

skytang - 1/26/2011 12:12 PM
2 Votes
their comments are horribly intolerable and inconsistent... "We don’t guarantee that the road surface is going to be in perfect condition"??? We are not asking for perfect roads. We are asking for safe roads. The night my car was damaged it was raining/snowing and 8 cars were off the side of the under-construction road with their incapacitated vehicles. This was endangering people on a dark, rainy night to have to pull over due to damages caused by the roads. I wrote to UDOT and heard back from UDOT stating "the repairs (to the road) have not held as we had hoped. We recognize this situation is unacceptable..." another response stated "After several attempts to repair the potholes, UDOT engineers determined an immediate resurfacing was necessary for the safety of the drivers" -But they are not willing to have their insurance cover costs for the impact on cars that were damaged from their failure to maintain the road. They have denied all claims. Ask Gephardt. He know this as well. All I can say is UDOT is deplorable and dishonest.

utahpotholes - 1/26/2011 2:54 AM
1 Vote
I've also been working on this issue under the e-mail UtahPotholes@gmail.com, If anyone is interested please e-mail me or the e-mail listed in the article. I am hoping that people who have had problems with damage from I-15 construction and potholes will e-mail. The ultimate goal is to put pressure on UDOT and to get a law firm on board for a possible class action lawsuit. Anyone interested please email UTAHPOTHOLES@gmail.com
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