More than 200 drivers made damage claims to BC’s Ministry of Transportation in January, often from hitting potholes, while driving Vancouver Island highways.
Many drivers this past month are learning their claims have been denied.
Nanoose Bay resident Shannon Harper was driving on Highway 19A in Parksville on January 12th when she hit a pothole and blew a tire.
The repairs cost a total of $1000.
She made a claim for the damages with Mainroad Contracting, the company responsible for maintaining the highway and their response came this month.
“I basically just got this form letter with my name inserted [saying] no you’re out of luck,” said Harper.
In January, a flood of people hit potholes across Vancouver Island causing damage to their vehicles and some believe the road maintenance companies should cover their repair bills.
On the South Island, Emcon Services says they got less than 20 claims but all were denied because the company said it wasn’t negligent.
In the letters, the companies say they’ve done their due diligence, and they fixed the damaging potholes within 24 hours of being reported.
On the central and north Island, Mainroad Contracting declined to comment and has yet to report if any claims were successful.
The BC Government pays the two contractors Emcon and Mainroad a combined $50 million dollars each year to maintain highways on Vancouver Island.
“Somebody needs to hold this company responsible. I don’t think it’s fair that motorists have to use their own insurance, pay their deductible possibly have their premiums go up. This company has their insurance that’s what it’s there for,” said Harper.
Doug Smith’s truck suffered $500 in damage on January 3rd on Highway 19 on the Nanoose Flats.
“Bam. Out of nowhere. Hit a huge pothole. Front left tire dropped down into it,” said Smith.
Ten minutes later his steering started shaking. A mechanic found a wheel bearing disintegrated. Smith also made a claim with Mainroad but was also denied.
“Sooner or later you’re just got to do the right thing by people eventually rather than hiding behind what seems to be a lawyer’s written letter,” said Smith.
Parksville-Qualicum MLA Adam Walker said, “Our office was able to direct constituents to the highway claims process and help them initiate claims.” There’s no word on whether any were successful.
BC’s Transportation Ministry in a statement said its process “is transparent, consistent and equitable” and people should first send claims to their ministry.
It says claims are then forwarded to the Maintenance Contractor who is responsible for reviewing claims and evaluating them based on their maintenance records. The Ministry is not directly involved in this initial assessment process.
The Ministry says “contractors must comply with their contractual obligations set out in their maintenance agreement”.
If claims are denied based on the Maintenance Contractor having met its contractual obligations the vehicle owner has the option to have their claim reviewed by the Ministry.
More on the process and maintenance contractor obligations and liability can be found here.
Kendall Hanson
