Under Tennessee law, state and local governments can be liable for damages caused by potholes if they “negligently created or maintained a condition on a highway.”
If you live in Nashville, you know the roads are full of potholes. Regular commuters quickly learn to dodge the worst ones, but it’s nearly impossible to avoid them all. Potholes can cause serious damage—blown tires, bent wheels, broken exhausts, steering misalignment, and even engine trouble.
What to Do If You Hit a Pothole
If you hit a pothole and your car gets damaged, here’s the reality:
- Good news: Tennessee and Metro Nashville might cover your repair costs—if you meet all the requirements.
- Bad news: In practice, the state and city rarely pay out. Between 2009 and 2016, Tennessee paid only 4% of submitted claims.
Does the Government Have to Pay?
The law says the state or city may be liable if they “negligently created or maintained a condition on a highway.” To prove negligence, you must show:
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The government knew about the pothole, and
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Failed to fix it in a reasonable time.
Proving both is tough. You’ll need evidence that the city or state was notified, and their definition of “timely” may differ from yours.
How to Make Your Case
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Document everything: Take clear photos of the pothole, your car’s damage, and the exact location.
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Get two repair estimates: You’ll need quotes from two separate companies. It’s a hassle, but required if you want to file a claim.
Where to File Your Claim
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If the pothole was on a state road, file with the State Treasury Department’s Division of Claims Administration.
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If it was on a Nashville city road, file with the Nashville Department of Law Claims Division.
The odds aren’t great, but if you have a strong case, it’s worth a shot. Maybe you’ll be one of the lucky four percent who actually gets reimbursed.
