With pothole season in full swing and orange construction barrels lining roads, Michigan drivers should focus less on reimbursement fights and more on smart coverage, says Lawrence Kajy, CEO of the Kajy Law Firm.
“Yes, you can” seek reimbursement for pothole damage, Kajy said, but first “determine what sort of road you’re on” - state, county or city - because that dictates where the claim goes. For state roads, drivers can file directly with MDOT for claims under $1,000; larger claims belong in the Michigan Court of Claims. County and city road damage claims go to the local road commission or city.
The chances of getting paid are slim. “Not good,” Kajy said. “At the state level, you have about an 8% chance of winning your claim. At the county level, it’s about 5%. And at the city level, it’s less than 1%.”
Given those odds, Kajy recommends buying wheel-and-tire protection. “Wheel and tire protection, in my opinion, is probably the best way to go,” he said, noting it can bypass deductibles, premium hikes and “insurance company denial tactics.”
Construction barrels create their own risks. “There is liability,” Kajy said, potentially for a construction company that sets or fails to maintain barrels properly, or for a government entity depending on the road. But “you have to deal with government immunity... so it’s a lot harder to win,” he said. “The reality is most people go through their collision coverage and get the damage paid through that.”
Above all, check your auto policy before something happens. “You should check your policy before a car accident happens,” Kajy said during an appearance on Live in the D.
He advises:
- “Select unlimited” personal injury protection (PIP) benefits to avoid caps on medical care after a serious crash.
- “At least $500,000” in bodily injury liability coverage, which he says “will cover you in about 99% of cases.”
- Robust uninsured/underinsured motorist coverage so “your own insurance will step in and pay your bodily injury benefits” if the other driver lacks adequate insurance.
“That’s the coverage that you’re going to have after something happens,” Kajy said. “Make sure it’s in place now.”
To watch the segment, click on the video above. To learn more, visit 877KajyCares.com.