Pothole Information

Pothole Claim Information for Damage Due to Road Defects

WHAT TO DO IF YOU SEE A POTHOLE:

Please notify the Department of Public Works at (508) 278-8616.  If we aren’t aware of it, we can’t fix it.  Potholes are generally caused by the combination of the expansion and contraction of freezing and thawing water underneath the road surface on the compression and recompression caused by motor vehicles passing over the surfaces.  Once the surface of the road is broken, the pieces are knocked away by passing cars, and the material underneath is washed away the rain.  Freezing and thawing conditions can produce a very large number of potholes overnight.  The DPW sends crews out frequently to fill potholes. 

If you encounter a pothole and have damage to your vehicle, please fill out a Notice of Vehicle Damage Due to Road Defect Form. Click here for Notice of Vehicle Damage Defect Form.  Anyone seeking reimbursement for losses must submit a Notice of Vehicle Damage Due to Road Defect Form within (30) days of the incident which led to the damages to:

                                         Town of Uxbridge
                                         Offices of the Town Manager/Board of Selectmen
                                         21 South Main Street
                                         Uxbridge, MA 01569

                                         Attn: Ellen Welch
                                        (508) 278-8600 ext. 2001

                             *You can also email form to EWelch@Uxbridge-ma.gov

 All Properly filed claims will be evaluated by the Town’s insurance company.  If it is determined that there is liability on the part of the Town and none on the part of the claimant, a reimbursement for the loss will be issued.  You should remember that potholes and frost heaves are naturally occurring conditions at times on Uxbridge paved roads and that under the law and claimant has the burden of showing that the Town was negligent.

Under State law, the city is responsible for repairing defects in public ways.  The law DOES NOT guaranty the safe conditions of public ways.  The law makes the city liable for damages caused by defects ONLY if the city fails to make repairs within a reasonable time after the defect is reported.  We use 72 hrs. as a reasonable time within which to repair a pothole AFTER we received notice of its location.  Even if the city is negligent for not repairing pothole on a time basis, state law prevents the city from paying the claim if the driver was also negligent.  Exceeding the speed limit is the most common for of driver negligence.

Claims on state roads

Please contact MASS DOT

(508) 929-3800 or click here: How to file a claim | Mass.gov