Michigan’s Pothole Problem is Institutionally Designed to Harm Drivers

Everyone who lives in Michigan knows that one of least partisan issues are potholes. In 2025, over 2,300 potholes on state highways were reported to the Michigan Department of Transportation (MDOT), and that’s not counting how many litter our cities and neighborhoods. Even Protect MI Families’ Campaign Director recently got a flat tire from a pothole a few weeks ago. Like those of you who have similarly suffered flat tires from massive potholes, she hoped the city would pay for damages, since it’s the city’s responsibility to keep the roads fixed.

Well, getting compensated for the damages potholes cause to your vehicles is a frustratingly rare outcome, as Michigan’s pothole laws are designed to protect municipalities from any liability. Sections 691.1402 and 691.1403 of Michigan Compiled Laws state that road agencies can only be held liable if they were aware of a road defect, such as a pothole, for a minimum of 30 days and did not repair it. This means that you must provide documents proving that the city was aware about the specific pothole that caused your flat tire for over a month. When cities are receiving hundreds of pothole reports a week, finding specific documents proving the city’s awareness of the road damage is next to impossible.

Potholes cost Michiganders precious time, money, and energy, while the state does little to improve our situation. Some cities offer apps to report infrastructure problems, but these reports are not legally binding, and cannot hold municipalities accountable if a pothole reported by one of these apps causes a flat tire a month later. If you do hit a pothole, make sure to document everything there is to know about the situation by taking pictures of the pothole, the damage to your vehicle, and the conditions of the road around the pothole. Record when and where the incident happened, and get your vehicle checked for additional damages. If the incident happened on a state highway, you can make a claim with MDOT, and if the incident happened on county or municipal roads, you’ll need to go to the appropriate local institutions.

At the end of the day, the system is designed to favor cities and governments. In 2024, fewer than 10% of pothole damage claims led to compensation. However, it is worth doing what you can, including documenting the damage done by these potholes, to receive the compensation you deserve.

Articles referenced in this post:

“Michigan’s Pothole Laws Are Built to Protect Cities, Not Drivers”

“2026 Michigan Pothole Season: What to Do After a Crash and How to Protect Yourself”