Pothole Liability: What you need to know

By: Jordan Tolbert

Posted: Feb 9, 2026 5:26 PM EST

SOUTH BEND, Ind. -- Warmer temperatures are on the way this week and snow is melting around Michiana. While the snow and ice on many local roadways clears, there may be potholes beneath the surface.

Potholes can cause various issues. If you drive over one, the results vary. There could be no damage, some car damage, or injuries.

Frank Julian, Attorney at Sweeney Julian, says he’s taken over cases related to pothole-caused injuries.

“We've had cases where, you know, through no fault of the driver's own, they hit a pothole and then their car is damaged, and then they're hurt, or they went into the opposite lane of traffic, and they were hurt. We've even had cases where just the effect of hitting the pothole causes an injury,” said Julian.

Julian says pothole liability is complicated.

“First off, you need to prove that the pothole actually caused the damage. And how can you do that? You can do that if you're talking about your car, maybe with a statement from the mechanic. I would highly recommend getting a photograph of the pothole. And it's also important that whether it's the City of South Bend, St. Joseph County, or the state of Indiana, you need to file what's called a notice of tort claim. And that's a short, plain statement of what happened,” said Julian. “If you went to South Bend 311, you can actually get a copy of this form. And you're basically talking about what happened, how the damage occurred, and you know, then the city will take a look at it.”

Here’s what the city might look at when it comes to paying claims, according to Julian. He says the City of South Bend takes these claims very seriously, but there are a lot of things you need to prove.

“What the city is going to be looking at is, you know, did we have notice of this? Did we have a reasonable amount of time to fix it? And you think, 'Oh, well, you know, that it's a pothole on a main road,’ but in the City of South Bend, you're talking about hundreds of miles of road. So, you know what's reasonable to us as a citizen might not be reasonable to a city with a limited budget. So, these are the complicated things that the city looks at when they're deciding whether they're going to pay a claim,” said Julian.

So, if you do hit a pothole and your vehicle is damaged, Julian recommends getting off the road and to a safe place, taking photos of the pothole if you can do that safely, and reporting it.

“Then the last thing you need to do is get some type of documentation from your mechanic saying, you know, here's what happened, here's what it's going to cause the fix. And I think this was from pothole damage,” said Julian.

He says you should report potholes you are worried about, even if your car is not damaged.

A spokesperson with the city of South Bend says the city must have notice that the pothole exists –since they can form after a repair crew has already come around–so it’s important to call or fill in the online form to report them.

Here’s how to report potholes in your area:

Indiana:

South Bend: