What you need to know about filing a pothole claim with the City of Lincoln

Potholes caused big headaches for many Lincoln drivers this winter – and wound up costing others big bucks. 

Transportation and Utilities officials estimated Lincoln streets were plagued with more than 40,000 potholes following record levels of snowfall. Some unfortunate drivers suffered damage to their vehicles as a result. 

In some instances, the City of Lincoln can be found responsible for the damage and for repairs. So when does that happen? 

It depends. 

City Attorney Jeff Kirkpatrick laid out the claims process for Channel 8 Eyewitness News. 

When a claim is filed, the City of Lincoln asks for basic information about the incident. Then, the law department reviews the claim to determine whether the damage was caused by City negligence. 

In the case of potholes, Kirkpatrick said the biggest factors in determining negligence are 1) whether city crews were aware of the pothole at the time the damage occurred, and 2) whether or not the pothole was fixed in a reasonable amount of time. 

If it can be proved the City of Lincoln knew the pothole was there and did nothing to fix it in an expeditious manner, there’s a much better chance of the claim being approved, Kirkpatrick said. However, most claims are not approved. 

Just because a claim isn’t approved by Kirkpatrick’s office doesn’t mean there’s no hope for a driver to receive payment. Earlier this month, the City Council broke with tradition and agreed to pay out claims for some mailboxes taken out by a snowplow. Omaha agreed to pay out pothole claims this year. Kirkpatrick said city officials have gone against his office’s recommendations and paid out claims with potholes as well. 

Kirkpatrick said it varies by case, but the claims process usually takes about two months. 

More information is available below or by clicking here: filing a claim.