Windsor's pothole problem is aggravated by the freeze-thaw weather. Is there anything you can do?

If it's been a bumpy ride for you in Windsor lately, you are far from alone — recent weather has made the city's roads prone to potholes.

Phong Nguy, the City of Windsor's acting director of public works operations, assesses the city's pothole situation. He told CBC there are fewer potholes this year than in previous years — "but certainly more drastic" because of a recent freeze-thaw cycle.

"As the thaw-freeze cycle continues, we are seeing significant potholes right now. We have two crews night and day to deal with such emergencies," he said.

Nguy explained that the recent warm weather allowed ground water to penetrate roads and the following sudden freezing temperatures meant potholes appeared. 

Sections of Banwell Road, University Avenue, Tecumseh Road and Conservation Road are laden with such potholes.

At Monday's city council meeting, Nguy told council that this "year has been extremely challenging" which has put a "lot of stress" on the road networks in Windsor-Essex.

Nguy said the city has been diligent about repairing potholes within the times prescribed by the Municipal Act. 

"But the key is detection," he said, noting that's why the city is currently deploying up to three scouting vehicles equipped with AI scanning technology to find potholes.

He also urges Windsorites to report potholes and says drivers should go slowly to reduce potential damage.

'Sometimes, there just is no liability:' City of Windsor

Dana Paladino, the City of Windsor's acting senior executive director of corporate services, said the city's liability regarding potholes varies.

She argues that it's rare the city would cover vehicle damage from potholes, as the Municipal Act "does not require a standard of perfection" regarding road maintenance.

"Even though there may be no wrongdoing on your part and pothole is essentially inevitable on your part as a driver, you may have been doing everything right, it doesn't mean that there's corresponding liability on the city or on anybody else," she said. "So, sometimes there just is no liability."

In a similar extreme freeze-thaw cycle in 2021, Paladino said "potholes literally popped up overnight."

"We do have a damage claim form and anyone can always submit one. But in a circumstance like this, this is not something that we would pay for," she said. 

She says drivers should consult their own vehicle insurance provider — even if a claim is submitted by the insurer and there's no liability, the city would still not likely cover it.

"When you have the freeze thaw, it would be very unusual to get compensation for damage arising from a pothole," she said, advising drivers to "keep expectations realistic."

"It's just beyond reason to have every pothole remedied or fixed within an instantaneous period."

Best route is auto insurance: Insurance Bureau of Canada

Anne Marie Thomas is the director of consumer and industry relations at Insurance Bureau of Canada, the national industry association representing the vast majority of Canada's home, car and business insurance companies. 

She said pothole damage is a Canada-wide problem.

"Oftentimes it is quicker to get a claim settled through your own insurance company," she said. "Now, the only way that you can make a claim through your insurance company is if you have purchased either collision or all perils coverage on your car."

She said damage caused by a pothole would be subject to a deductible and would be considered a single vehicle accident. 

Thomas debunks the myth many may have that a pothole damage can be easily compensated by the municipalities. She said many online studies show how only a fraction of all submitted claims to municipalities are paid out.

If significant damage is done to the vehicle, she said the insurance company might try to subrogate from the city "but again it doesn't happen very often."

"Vehicle damage from potholes may be covered if the driver has optional collision coverage. A deductible and some coverage exclusions may apply depending on the insurer," the Financial Services Regulatory Authority of Ontario said in a statement.

"We recommend individuals reach out to their auto insurer to learn more about what they are covered for."

Teresa Di Felice is the assistant vice president of government and community relations at CAA.

She says potholes are a sore spot for drivers and often hears about unsuccessful claims.

Di Felice said potholes can damage vehicles, either through wear and tear over time or through immediate damage depending on the speed of the car and size of the potholes.

In CAA's survey of members last year, they found the cost of vehicle damage caused by potholes ranged from $500 to over $2,000, with the average repair costing $852.

Damage from potholes can vary, she says, from tire blowouts and alignment problems to rim and bumper damage. It's always best to read the fine print on your auto insurance.

While the onus lies on the drivers, Felice said road maintenance should also be factored in.

"One of the common complaints we get is a municipality knows it needs road construction ... and sometimes they are not putting in necessarily the investments to deal with little problems like potholes."