NASHVILLE, Tenn. -
The state has refused to reimburse a motorist for damage to his vehicle caused by a pothole on Interstate 40 earlier this year.
The pothole opened up on I-40 near Charlotte Pike in April and caused damage to several cars.
At the time, Tennessee Department of Transportation officials said severe rain caused the pothole and told drivers who wanted to file claims for damages to make the claim with the Treasury Department's Division of Claims Commission.
Mitch Ballard's truck tire was damaged by the pothole. He had to replace his tire and broken rim.
This week, the Treasury Department's Division of Claims Administration informed Ballard that his claim was denied because the administration did not find "evidence to indicate that the property damage that occurred was proximately caused by the negligence of TDOT officials."
"It is disappointing because to me it seems like there should be some accountability and someone should take care of it because that is part of their responsibility," Ballard said. "It was an incredibly large piece of the interstate that was dislodged."
Ballard estimates his repairs cost him around $250, but he also feels for drivers who had more extensive damage.
One car that was damaged had large holes in its motor and wasn't drivable from the scene.
Other drivers reported damage to their transmissions and exhaust systems.
"To me it really boils down to [the fact] its money out of my pocket and it was caused by the damage to the interstate," he said.
TDOT told Nashville's News 2 the claims administration decides whether or not to pay a claim against the department.
"Unfortunately TDOT does not make the decision of who is reimbursed, whose claims are denied and who gets money," spokeswoman Deanna Lambert said. "[The claims division] has a set of rules and guideline they follow when determining who gets money or not."
She added, "It is always frustrating when a driver has some kind of damage to their vehicle from a road condition like a pothole."
Nashville's News 2 contacted the claims administration.
Division spokesman Blake Fontenay forwarded questions about the process of determining who receives reimbursements to a division official.
By Tuesday evening, the department had not responded with an answer.
Anyone denied a claim has 90 days to file an appeal with the division.
Ballard said he plans to appeal his claim denial.
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