Pothole season
Montreal is famous for its potholes. It's safe to say that pothole season is officially underway! Temperature changes between freezing and thawing provide the perfect climate for potholes to form in the asphalt. It is therefore important to know a few tricks to get out of pothole season unscathed.
Never brake in a pothole
The most common damage caused by these holes are lost hubcaps, broken tires, bent or broken rims, damaged suspension parts and damaged shocks.
What damages a car's tire as it passes through the hole is not its entry, but its exit.
When you slow down before driving into a pothole, the tire has time to fall to the bottom of the pothole and this is how maximum damage will occur. Therefore, it is best to maintain your speed, without accelerating or decelerating, when you encounter a pothole.
Recourses
Even if, since 1993, the Ministère des Transports du Québec has been exempted from all responsibilities, as well as cities and municipalities, it is still possible to obtain compensation in the event of a breakdown of your vehicle.
The burden of proof is on the motorist. Therefore, you must be able to prove that the poor condition of the road was reported prior to the accident. Second, you must show that the city or municipality was negligent in responding to your report.
Some admissible evidence:
- Witness statements
- Reporting already done
- No signage
- Photos of the pothole and its surroundings
- Dimensions of the pothole
- Evaluation of repairs by a CAA-recommended mechanic
Time limits for a claim
If you make a claim with the municipality or city, a written notice of intent to claim must be recorded and sent to the clerk of the place where the incident occurred within 15 days of the accident.
It is also possible to request financial compensation within 6 months from the day the breakage occurred. If the compensation is less than $15,000, you will have to go to Small Claims Court. If you file a claim with the Ministère des Transports du Québec, the time limit is three years since the transaction will then be governed by civil law.
