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Thursday, April 19, 2018

Road Damage Claims - Not Just from Potholes

By Keri Essien
Senior Risk Management Technician




Potholes, debris and aliens – oh my! Those are just some of the damage claims turned into the MoDOT St. Louis risk management department.  The department receives between four and 30 claims a day for incidents on Missouri roads.  The common complaints damage caused by potholes, road debris, falling signs, signal malfunctions and wet striping paint but one of the more bizarre cases involved a customer who reported an unidentified flying object struck her vehicle on an open stretch of I-70 in 2016.  MoDOT unfortunately had to deny any liability for the phenomenon.


 


MoDOT’s liability is based on Missouri Revised Statute 537.600 which states MoDOT is not legally liable for a hazard unless it had sufficient time and knowledge to have taken measures to protect against it.  In other words, MoDOT must determine an accident was caused by willful negligence in order for a customer to be reimbursed for expenses.  In 2017, MoDOT paid   approximately $3.2 million for 222 claims statewide.


 


Most people are surprised to learn they have the right to file claims for damage.  The claims process reflects MoDOT’s transparent approach to customer service.  Claims can be filed online and are analyzed, processed and submitted to a Jefferson City claims adjuster for investigation.  Customers usually receive a response within 48 hours.  The one difference is for claims in construction zones, which are sent to the contractor for investigation.


 


As long as there are roads and customers to travel on them, we can assume that liability claims will keep life at MoDOT busy and a little amusing.

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