Highway defect claims (including potholes) should only be submitted to MDOT if damage occurred on a state trunkline (M, I or US route), not local or county roads. If you have questions about road jurisdiction, contact your local MDOT region office or county road commission.
All damage claim forms must be submitted to the region office where damages occurred.
Claims under $1,000
Upon receipt of your damage claim under $1,000, MDOT will investigate the incident. Investigations typically take at least 90 days. Be advised that the majority of defect claims are denied under governmental immunity laws.
Claims of $1,000 or more
If your alleged damage claim is $1,000 or more, you can recover only by filing a lawsuit against MDOT. You should consult a private attorney if you want to pursue this option.
Damage Claims Procedure
- Download Form 3600.
- Print and completely fill out the form.
- Sign and notarize the form.
- Notarization is not required to submit a claim, but you are encouraged to do so since claims recommended for payment after the review process must be notarized.
- Attach supporting documentation.
- Keep a copy for your records.
- Return form and documentation to the MDOT region office located in the county where the incident occurred.
- If damage occurred within an MDOT work zone, fill out Form 1119D.