The Herald Bulletin

Morning Update

Local News

February 5, 2014

City won't pay for pothole damage

'Act of nature' not covered by insurance

ANDERSON – When people think of an act of nature, tornadoes, hurricanes or earthquakes usually come to mind. The city of Anderson considers potholes to be in that category.

The city of Anderson will not pay for damage done to vehicles as a result of potholes on city streets, deeming them an act of nature and not covered by the city’s liability insurance.

Anderson officials said damage to vehicles from potholes is excluded from coverage by the city.

The city is obligated to repair potholes in a reasonable amount of time once it is given “notice,” officials said. There are several factors to consider when determining what constitutes a reasonable amount of time. Materials and manpower are just two of these factors.

The city must have committed a negligent act in order to be liable for a loss.

A pothole is created through the constant freezing and thawing of the pavement. Since the city is not responsible for acts of nature, the city does not incur responsibility for damages.

Ashley Hopper, city attorney, said residents can file a claim for damage to vehicles with the city’s risk management department. The claim will be investigated by the city for possible payment.

Madison County Commissioner John Richwine said the county has not paid for damage done to vehicles by potholes and has no plans to change the policy.

City officials said they’re sympathetic and empathetic with residents whose vehicles are damaged by potholes.

“Most excessive damage claims are a result of traveling at a speed that is too fast for the conditions,” a city press release indicated. “Drivers must practice defensive driving and be vigilant of their conditions especially during extreme winter months.”

In Indianapolis, motorists can file a tort claim with the city. The city conducts an investigation. If the city is determined to be negligent, a settlement form will be mailed to the vehicle owner to be submitted for payment.

The Indiana Department of Transportation allows for the filing of a tort claim for vehicles damaged by potholes on state highways or damaged by a snowplow.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 640-4863.

1
Text Only
Local News
  • NWS-HB0726-Blighted.jpg State provides money to take bite out of blight

    The worst-of-the-worst abandoned and uninhabitable residential houses in Anderson, Alexandria and Elwood will soon start tumbling down, say officials in all three cities. Demolition of the houses is being made possible through a federal loan initiative administered by the state called the Blight Elimination Program.

    July 25, 2014 1 Photo

  • Elwood schools seek election change Elwood Community Schools is seeking to change the process for the way that members of the school board will be elected starting with the November election.

    July 25, 2014

  • NWS - HB0726 - fabricating bill Company not charged for electricity for five months Ever since CB Fabricating moved into a new addition at their business, there has been a problem with electric bills received from the city of Anderson. The company received no bill for electricity usage from the Anderson utility office for five months, despite numerous attempts they say they made to correct the problem.

    July 25, 2014 1 Photo

  • NWS - HB0726 - Colts Camp day two 349 Enjoy football, save lives Nine Indianapolis Colts fans attending practice at Anderson University saved 27 lives on Friday. That's good, of course, but if 15 more fans had taken a few minutes out of their afternoon to donate blood, 72 lives could have been saved, said Julie Gordon of the Indiana Blood Center.

    July 25, 2014 1 Photo

  • County doctor arrested on drug charges

    A Fishers doctor with ties to Pendleton was arrested Friday in a Drug Enforcement Administration raid of numerous doctor’s office in central Indiana.

    July 25, 2014

  • Riddle again steps down as Frankton coach FRANKTON — For the second time in a storied coaching career at Frankton High School, Dean Riddle has resigned his post as the girls varsity basketball coach.Riddle submitted his resignation July 8. Before that, he had a meeting with Frankton Lapel Sc

    July 26, 2014

  • Local Briefs: July 26 A compilation of news items of local and statewide interest as published in the Saturday edition of The Herald Bulletin.

    July 25, 2014

  • Arrest Log: July 26 Arrests made by Madison County law enforcement on Thursday and Friday based on Madison County Jail records.

    July 25, 2014

  • Arrest Log: July 25 Arrests made by Madison County law enforcement on Wednesday and Thursday, based on Madison County Jail records.

    July 25, 2014

  • DSC_8125.JPG Auction teaches in business, farming

    After 10 years of 4-H, saying goodbye to his animals has become a simple matter for McKennon Heald. But he said he wouldn't be surprised to see some tears from some of the younger participants. He's been there.

    July 25, 2014 2 Photos

July Staff Photos


Buy and browse more photos from The Herald Bulletin

More Resources from The Herald Bulletin
Auto Industry Book
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Facebook