Pothole Payout: Town Protected From Most Totaled Tires

The work on Belmont's roads has exploded over the summer of 2010 as major streets and small throughways have been dug up, ripped apart and then filled back up to a varying level of success.

In addition, the lack of town funding has left many roads with a sinking feeling, mainly potholes, that make for a jarring ride for the public.

Sometimes, whether hitting the street depression the wrong way, nicking a steel plate over a construction site or having the vehicle "bottom out," a tire will be destroyed, shocks broken or an undercarriage left bruise, beaten and leaking.

When the public encounters a pothole or other street impediment that requires repairs to be performed, they do have a opportunity for the town to pay for the damages.

But the owners of recently repaired cars shouldn't be whiling the day away waiting by their mailboxes for a check signed by the town's treasurer to come. The state has devised a law to help towns and cities fend off these claims.

Claims for reimbursement of any damages to vehicle or tire, no matter the amount, should be filed to the Board of Selectmen's Office, on the second floor of Town Hall, within 30 days of the incident.

In the letter, the date time and location of the incident should be included as well as an explanation for what happened. It's here where the public should include any repair estimates of the damage.

The letter and the information in the letter will be forward to the town's insurer that will make a determination whether or not to approve the claim.

All claims for repairs should be set forth in a letter that can be sent to:

Board of Selectmen's Office

Town Hall

455 Concord Ave.

Belmont, MA 02478

Or via email:

selectmen@town.belmont.ma.us

While there may be amble evidence that a car was damaged or a tire flattened, towns are rarely liable for loss from pothole defects.

The state provides protection from liability to municipalities, which by the exercise of reasonable care and diligence, maintain and repair public ways and remedy defects, if any, upon reasonable notice.

In other words, if a town shows a willingness to fill potholes when they hear about them, it is granted significant relief from most complaints.

Because of the state protection, Belmont addresses defects such as potholes or roadwork as soon as possible after learning of them.

Yet claims have been granted in the past and due to insurance requirements, it is wise to submit a letter, according to town officials.

Any questions can be addressed to Jeffrey Conti, the town's assistant administrator, at 617-993-2610.