Can I Sue the City for Pothole Damage or Injury in Michigan? (2026 Laws)

Potholes and broken pavement are a constant problem on Michigan roads. They can destroy tires and suspension systems, and in more serious cases, cause crashes that injure drivers, passengers, motorcyclists, and pedestrians.

Many people ask a simple question: Can I sue the city for pothole damage in Michigan? The answer is: sometimes, but Michigan law makes these cases difficult. Government agencies are generally protected by governmental immunity, and pothole claims are allowed only under narrow exceptions with strict notice and filing rules.

This article provides general information about Michigan law as of 2026. It is not legal advice. Every case is fact-specific, and you should talk with a Michigan attorney about your particular situation.

Key Takeaways

• You may be able to sue a city, county, or the State of Michigan for pothole damage or injury under the highway exception to governmental immunity, but these cases are hard to win.
• Michigan’s highway defect laws only apply when the agency responsible for the road fails to keep the improved portion of the highway designed for vehicular travel in reasonable repair.
• To hold a government agency liable, you generally must show it knew or should have known about the pothole and had a reasonable time to fix it; if a defect has been obvious for 30 days or more, the law presumes the agency had notice.
• Most people must give written notice within 120 days in highway defect injury cases, and other deadlines apply for lawsuits and insurance claims.
• Different rules apply to state trunklines (MDOT) versus county roads and city streets, and many pothole damage claims are denied under governmental immunity.
• Speaking with an experienced Michigan roadway injury lawyer is often the best way to find out if your pothole claim is actually viable.

Can You Sue the City for Pothole Damage in Michigan?

Yes, you can sue in some situations, but Michigan law makes “sue the city for pothole damage” claims difficult and many are denied.

Under Michigan’s Governmental Tort Liability Act, cities, counties, and the State of Michigan are generally immune from lawsuits when they are performing governmental functions like maintaining public roads.

One key exception is the “highway exception”. This allows a claim when:

• The government agency had jurisdiction over the road;
• The defect was in the improved portion of the highway designed for vehicular travel (usually the driving lanes, not sidewalks, shoulders, or grassy areas);
• The roadway was not in reasonable repair and not reasonably safe for public travel; and
• That condition was a proximate cause of your damage or injury.

If the only loss is property damage (tires, wheels, suspension), you may pursue a pothole damage claim against the responsible agency or through your own collision coverage. If you suffered injuries, there may be both No-Fault insurance issues and a potential lawsuit under the highway exception.

Because of governmental immunity and strict proof requirements, even a strong-looking “sue city pothole Michigan” claim can fail if notice, timing, or evidence problems arise.

What Is Governmental Immunity in Michigan?

Governmental immunity is a legal rule that generally shields government agencies from being sued for negligence, unless a specific statutory exception applies.

In Michigan, the Governmental Tort Liability Act states that a governmental agency is immune from tort liability when acting in the exercise or discharge of a governmental function. Maintaining public roads is considered such a function.

Important points:

• Default rule: The state, counties, and cities cannot be sued for most negligence claims related to their governmental activities.
• Exceptions: The Legislature has created limited exceptions, including the highway exception (road defects), motor vehicle exception (negligent operation of government-owned vehicles), and a few others.
• Strict construction: Courts interpret these exceptions narrowly, meaning the injured person must fit within the exact terms of the statute to recover.

For pothole and roadway defect cases, the main exception is the highway exception in MCL 691.1402.

When Can a City Be Held Liable for Potholes?

A city or other road agency can be liable for a pothole only if the conditions of the highway exception are met and the defect made the road not reasonably safe for public travel.

Typically, you must prove:

• The correct governmental agency (city, county road commission, or MDOT) had legal responsibility for that road segment.
• The defect was in the improved portion of the highway designed for vehicular travel, usually the traveled lanes, not shoulders, sidewalks, signs, or grassy areas.
• The road was not maintained in reasonable repair, and the defect made it unreasonably unsafe.
• The pothole or defect was a proximate cause of your crash or damage.
• The government agency had the required notice of the defect (actual or constructive) and time to repair (discussed below).

For property damage on state trunklines (routes labeled I - , US - , or M - ), smaller claims under $1,000 can be submitted directly to MDOT using its damage claim process; larger claims generally require a lawsuit against MDOT.

Even when all of these elements appear to be present, governmental defendants frequently dispute liability, argue that the roadway met legal standards, or claim lack of notice.

Does the Government Need Prior Notice of the Pothole?

Yes. Michigan law requires proof that the government knew—or should have known—about the pothole and had a reasonable time to fix it before the incident.

Under MCL 691.1403:

• A government agency is not liable for injuries or damages from a defective highway unless it had actual or constructive knowledge of the defect and time to repair it.
• If a defect has been readily apparent to an ordinarily observant person for at least 30 days, the law conclusively presumes the agency had notice and time to repair.

In practice, this means:

• Photos, complaints, prior crash reports, maintenance records, or witness testimony showing the pothole existed for weeks can be extremely important.
• Expert testimony explaining why the pothole or road defect was at least 30 days old.
• If the pothole formed very recently and had not yet been reported or noticed, a claim is much harder.

Because prior notice is a central issue in government liability for potholes in Michigan, quickly documenting the condition—and identifying whether others had already reported it—can make a major difference in a road defect claim.

Are There Deadlines to File a Claim?

Yes. Pothole and road defect cases in Michigan involve multiple deadlines, and missing one can end an otherwise valid claim.

Key time limits include:

• 120-day notice for highway defect injuries: In most defective highway injury cases, the injured person must serve a written notice on the responsible governmental agency within 120 days of the injury. The notice must describe the location and nature of the defect and the claimed injuries.
• Personal injury statute of limitations: Many roadway injury lawsuits must be filed within two years of the crash under Michigan’s general personal injury statute of limitations. This is different from the standard 3 year statute of limitations provided for most Michigan personal injury cases.
• No-Fault (PIP) benefits: Claims for Michigan No-Fault personal injury protection benefits (medical bills, wage loss, etc.) usually must be made within one year of the date a service is incurred.
• Agency-specific rules: MDOT and some local road agencies have their own internal claim procedures and forms, especially for property damage under $1,000.

Importantly, failing to give timely written notice under MCL 691.1404 can bar a highway defect claim, even if the two-year lawsuit deadline has not expired. Because the rules differ depending on whether the case is against MDOT, a county road commission, or a city, getting legal advice quickly is critical.

What Damages Can You Recover?

If a pothole or road defect claim succeeds, the damages available depend on whether your case involves injuries, property damage, or both.

In Injury Cases

In a serious pothole-related crash, you may be able to recover:

• No-Fault (PIP) benefits from your own or another applicable auto insurer (medical bills up to your coverage limit, some wage loss, replacement services), regardless of fault.
• Pain and suffering damages and other non-economic losses from the at-fault party (including a government agency under the highway exception).
• Excess economic losses, such as medical expenses and wage loss that exceed your No-Fault coverage.

In Vehicle Damage–Only Cases

If you are making a pothole damage claim in Michigan only for property damage:

• You may seek reimbursement for reasonable repair costs or the vehicle’s loss in value from the responsible road agency, but it’s difficult to obtain reimbursement.
• MDOT will only consider claims for damage that occurred on state trunklines (I - , M - , or US - routes) and notes that most claims are denied based on governmental immunity.
• Many drivers ultimately rely on their collision coverage to repair pothole damage, then explore a governmental claim only if the loss is significant or not covered.

What Should You Do After Pothole Damage or Injury?

Taking the right steps immediately after a pothole incident can protect both your safety and your legal options.

Consider the following:

1. Get medical care first. If anyone is hurt, call 911 and prioritize treatment.
2. Call the police for serious crashes or significant property damage so there is an official report.
3. Document the scene: Take clear photos or video of the pothole or road defect from multiple angles.
4. Capture landmarks, lane markings, and signs so the exact location is obvious.
5. Photograph damage to your tires, wheels, suspension, and body panels.
6. Gather information: Note the date, time, weather, and traffic conditions.
7. Get names and contact information for witnesses.
8. Determine who maintains the road: State trunkline (I - , M - , or US - route) → likely MDOT.
9. Neighborhood street or rural road → likely a city, village, or county road commission.
10. MDOT’s website explains that highway defect claims should only be filed with MDOT when the damage occurs on a state trunkline.
11. Report the pothole: MDOT provides an online form and hotline to report potholes on state trunklines; local roads should be reported to the city or county road commission.
12. Notify your auto insurer promptly, especially if you have collision coverage.
13. Speak with a Michigan attorney experienced in roadway and governmental immunity cases before submitting formal claims or signing documents.

When Should You Contact a Michigan Attorney?

You should contact a Michigan attorney as soon as possible if a pothole or road defect caused significant injury or major vehicle damage.

Pothole and road defect claims in Michigan are highly technical. A lawyer can:

• Identify the correct governmental agency (MDOT, county road commission, city, or private property owner).
• Evaluate whether the highway exception realistically applies to your situation.
• Make sure required notices and forms are sent to the right place within strict deadlines.
• Coordinate your No-Fault (PIP) claim, liability claim, and any MDOT or local damage claim so that you do not miss benefits.

The Lee Steinberg Law Firm handles Michigan roadway injury and car accident cases on a contingency fee basis—you do not pay attorney fees unless the firm recovers compensation for you.

Michigan Pothole and Road Defect Claim FAQs

1. How Do I File a Claim Against MDOT for Pothole or Road Defect Damage?

To pursue a pothole damage claim against MDOT:

• Confirm the road is a state trunkline (I - , M - , or US - route). If not, your claim belongs with a county road commission or city, not MDOT.
• For vehicle damage under $1,000, MDOT instructs drivers to submit a written damage claim (Form 3600) and supporting documentation to the appropriate MDOT region office.
• MDOT investigates these claims but warns that the majority are denied under governmental immunity laws.
• For claims $1,000 or more, you can recover only by filing a lawsuit against MDOT, typically in the Michigan Court of Claims.

Because these claims are frequently rejected and the legal standards are strict, many people consult an attorney before filing or after receiving a denial.

2. Can You Sue for Pothole Damage in Michigan If Only Your Car Was Damaged?

Yes, you can attempt a pothole damage claim in Michigan even if you were not physically injured, but success is limited by governmental immunity and notice requirements.

You still must show that:

• The correct governmental agency was responsible for that road;
• The pothole was on the improved portion of the highway designed for vehicles;
• The agency knew or should have known about the defect and had time to fix it; and
• The pothole was a proximate cause of your damage.

Given how often MDOT and local agencies deny pothole claims, many drivers use their collision coverage to pay for repairs and explore a governmental claim only when the loss is large or not covered.

3. What If I Swerved to Avoid a Pothole and Hit Another Car?

You may still have a road defect claim in Michigan, but the case becomes more complex.

• The other driver’s insurer or your own insurer may argue that your steering decision—not the pothole—caused the crash.
• A government agency may argue that the roadway was reasonably safe or that it lacked notice of the pothole.

In these situations, liability can be shared among drivers and, in rare cases, a governmental agency. A Michigan roadway injury lawyer can evaluate whether the pothole played a legally significant role in causing the crash.

4. Do Michigan No-Fault Benefits Apply If a Pothole Caused My Crash?

Yes. Michigan No-Fault (PIP) benefits generally apply when you are injured in a crash involving a motor vehicle, even if the primary cause was a pothole or defective road.

Your own (or another priority) auto insurer may be responsible for medical bills, some wage loss, and replacement services up to the applicable coverage limit, regardless of who was at fault.

A separate claim or lawsuit against a governmental agency under the highway exception would focus on pain and suffering and excess economic losses, not basic PIP benefits.

5. How Much Does It Cost to Hire a Michigan Pothole Accident Lawyer?

Most Michigan personal injury firms—including the Lee Steinberg Law Firm—handle car accident and roadway injury cases on a contingency fee basis. That means:

• No upfront attorney fees
• The firm is paid a percentage of the recovery if the case is successful
• If there is no recovery, you typically do not owe attorney fees

This structure allows injured people to get legal help on complex governmental immunity and pothole claims without paying hourly fees.

Conclusion Talk With a Michigan Lawyer About Your Pothole Claim

Michigan’s pothole and road defect laws are complicated. Government agencies are well-protected by governmental immunity, and strict rules on notice, proof of prior knowledge, and filing deadlines mean many claims fail even when the damage is very real.

If a pothole or broken pavement in Michigan damaged your vehicle or caused a serious crash, you do not have to sort out MDOT vs. city vs. county liability, No-Fault insurance, and highway defect statutes on your own.You can contact the Lee Steinberg Law Firm at 1 - 800 - LEE - FREE (1 - 800 - 533 - 3733) or through the firm’s website for a free consultation. An attorney can review your situation, explain your options, and let you know whether a pothole or road defect claim is realistically worth pursuing under current Michigan law.