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Hit a pothole in Michigan? Here’s how you can submit a damage claim

MDOT denies ‘majority’ of damage claims

A pothole in Macomb County. (WDIV)

Here’s what you need to know about submitting a claim if your vehicle is damaged by a road defect or pothole in Michigan.

If you’re not sure who is responsible for maintaining the road that damaged your car you can start with your MDOT region office or the county road commission.

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Submitting a damage claim to MDOT

When should a claim be sent to MDOT? Highway defect claims, this includes potholes, can be submitted to MDOT if the damage happened on a state trunkline (M, I, or US route), not local or county roads.

Keep in mind that MDOT says “the majority of damage claims are denied under governmental immunity laws . . .”

These laws state that the governmental agency can be required to pay out damages if they knew or should have known about the “defect” (like a pothole) for at least 30 days or longer before the injury took place.

“No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place.”

Michigan Legislature (MCL - Section 691.1403)

MDOT will consider claims under $1,000. If you submit a damage claim under $1,000 to MDOT, it will be investigated. These investigations usually take at least 90 days.

According to MDOT, there were around 154 pothole damage claims filed in 2025. Only about a dozen of those were paid out.

if your damage claim is for $1,000 or more then you’ll have to get with a private attorney and file a lawsuit against MDOT.

Here’s how to submit a damage claim form to MDOT

Before you submit a damage claim in the MDOT’s Metro Region you can use this map to check the jurisdiction of a road.

You’ll want to start by downloading and filling out Form 3600.

Once you’re done filling out the form sign it and get it notarized. Technically you don’t need to get it notarized to submit the claim, but if your claim is approved then you will need to have it notarized to get the payout.

Attach any supporting documentation. Then submit it to the MDOT region office located in the county where the damage happened. You can find information on how to contact the MDOT region here.

If the damage occurred within an MDOT work zone you’ll need to fill out Form 1119D.

Make sure to keep a copy for your own records.

--> The Michigan Department of Transportation has more information about damage claims here.

How to submit a road damage claim to the county

If the damage occurred on a road the county is tasked with maintaining then you’ll need to go directly to the county to submit a claim.

Livingston County

Macomb County

Monroe County

Oakland County

Washtenaw County

Wayne County

The county your vehicle was damaged in not listed above? Visit micountyroads.org to find contact information for each of Michigan’s counties.


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