Pothole Damage Claims in Lexington: City vs. State Roads

Everything else depends on this. It is also the step most coverage of Lexington potholes skips. The city draws the line on its own potholes page:

Streets & Roads is responsible for resurfacing and repairing city-maintained neighborhood streets. This does not include state, private and/or roads under development.

Check the map, not your instinct

The city publishes a Map of City and State maintained roads. Its maintenance view colors each road by who is responsible for it. For a specific stretch of pavement, that map is the answer.

Look before you file. Filing with the wrong agency costs you time you may not have.

The rule of thumb, and its limits

Numbered US and KY routes are generally state-maintained. Residential neighborhood streets are generally city-maintained. That gets you close, and it settles the case most people are asking about: New Circle Road carries the KY 4 route number and is state-maintained, so a New Circle pothole is a state claim.

One road can have two owners. The state may maintain one stretch, and the city the next stretch of the same road. So don't decide by the road's name or number. Find the exact spot where you hit the pothole on the map. Whatever the map says at that spot is your answer.

Interstates and parkways are state-maintained. Private streets, apartment complex drives, and shopping center lots are neither city nor state, and neither process below applies to them.

Hitting a pothole is not enough on its own. Neither the city nor the state pays just because the pothole was there and your car found it. You have to show two things. They knew about that pothole. And they had time to fix it before you hit it. If nobody ever reported it, they can say they never knew. That is why reporting matters so much. This is called a negligence claim. That is the state's official name for it, and it is how WKYT described the standard in 2024.

Two things follow from that.

• A pothole that formed overnight is a weak claim. If nobody reported it, the agency had no real chance to fix it.
• A pothole that was reported and sat there is a strong one. Earlier reports, and the time that passed, are the evidence.

So report potholes, even when it is not your car that got hit. The report is the record. The record is what the next person's claim rests on.

The city says it strives to repair a pothole within two working days once it has been reported to LexCall. Read the other way, that is a published expectation about how long is too long.

1. Report the pothole.

   Call 1-800-PATCH-IT, which is 1-800-728-2448. Or use the Transportation Cabinet's online Report a Pothole form.

   Do this even though your car is already damaged. The report is what proves the state knew. Note the date and time, and keep the confirmation or reference number.

2. Take photos and keep your paperwork.

   Photograph the pothole and the damage. Write down the exact location, the date, and the time.

   The Board asks for two things in particular:

   • A repair invoice and the payment receipt. Or two estimates for the work.
   • Your insurance declarations page.

   Convert photos to PDF before you send them. Photos pasted into the body of an email are not accepted, because they are hard to read.

   How to turn a photo into a PDF

   • On an iPhone: open the photo, tap the Share button, and choose Print. On the print screen, tap the Share button again and save the file as a PDF.
   • On an Android phone: open the photo and choose Print. Where it asks which printer, pick Save as PDF. It saves a PDF file instead of printing.
   • On a Windows computer: open the photo and press Ctrl+P to print. Choose Microsoft Print to PDF as the printer and click Print. It asks where to save the file.
   • On a Mac: open the photo in Preview, then choose File, then Export as PDF.

   If you have several photos, you can select them all and print them to PDF together as one file, or send several PDFs. Either is fine.

3. Check your insurance first.

   Damage to the tire alone is usually not covered. Wheel or body damage often is. Read your own declarations page.

   If your insurer pays, you can still claim your deductible. An award is reduced by what you are entitled to receive from other sources, so the two do not stack.

4. File within one year.

   Use the official Board of Claims claim form, or the online portal. A letter describing what happened is not a filing.

   There is no fee. An individual does not need a lawyer. The Board accepts claims of $250 and up.

   The clock starts the day you hit the pothole, not the day you got the estimate (KRS 49.120).

5. Wait for the agency to answer.

   The Board sends your claim to the agency. The agency has 30 days to respond to the Board and to you.

   Most pothole claims are under $2,500. The Board investigates those itself, and a decision should come about 60 days after the letter acknowledging your claim.

You'll need to show they knew about the pothole and had time to fix it.

Who you are actually filing with

You file with the Board of Claims. That is the state office that decides whether a state agency was careless and should pay you. It sits inside a larger office with a longer name, but you don't need the whole chain. "Board of Claims" is the name to look for.

Your claim will be about the Transportation Cabinet, because it maintains state roads. The Board makes the decision. If you win, the Transportation Cabinet pays.

One naming trap. Some state pages, including the Report a Pothole form, still point drivers to the "Kentucky Claims Commission."

Note: To pursue potential vehicle damage reimbursement, visit the Kentucky Claims Commission website.

That office no longer exists. Its name changed in 2020 (Executive Order 2020-708) and its work moved to the Board of Claims. Old name, same place. If a state page sends you to the Claims Commission, the Board of Claims is where you land.

The rules behind all of this are KRS Chapter 49 and Title 802 of Kentucky's administrative regulations, if you ever want to read them.

What the claim form has to contain

Under 802 KAR 2:010, amended effective September 2, 2025, a claim must be legibly written, typed, or printed on the Board of Claims claim form, or submitted through the online portal. It must contain:

• Your name, address, telephone number, and email address.
• The amount of the claim.
• A statement of the facts showing you may be entitled to relief under KRS 49.010 through 49.180, written so the agency can investigate the claim and prepare its defense.
• Your signature, and your attorney's if you have one.
• Any additional documents and attachments needed for a full statement.

Four ways to file

• In person or by private delivery to the Board of Claims, 500 Mero Street, 2SC1, Frankfort, Kentucky 40601.
• By mail to that same address.
• By email to negligenceclaims@ky.gov, if it fits in one message.
• Through the Board's online claim filing portal.

For help with the form, call (502) 782-8255. Staff can help you file, but they cannot give you legal advice.

How much the Board can award

The floor is $250. That figure is the office's own stated practice, and it does not appear in the current text of the statute its FAQ cites. If your repair bill sits near that line, call and ask rather than assuming. There is no filing fee at any amount.

The ceiling is set by KRS 49.040(1), as amended effective June 29, 2021:

a single claim for the recovery of money or a single award of money shall not exceed two hundred fifty thousand dollars ($250,000), exclusive of interest and costs. However, if a single act of negligence results in multiple claims, the total award may not exceed four hundred thousand dollars ($400,000), to be equitably divided among the claimants, but in no case may any claimant individually receive more than two hundred fifty thousand dollars ($250,000).

Those are the current numbers. Several attorney pages ranking for Kentucky pothole claims still quote a $200,000 single award and a $350,000 total. Those were the caps before the 2021 amendment. A page using them has not been updated in five years.

If the agency does not simply pay

• If the agency admits liability for the full amount, the award goes on the Board's agenda for its next monthly meeting.
• If the agency denies liability, or admits it but disputes the amount, the claim goes to a hearing officer. The hearing is held in the county where the incident happened, so a Fayette County pothole is heard in Fayette County (KRS 49.080).
• If an award is entered, the check should arrive within 30 days of the order. Awards against the Transportation Cabinet are requested and mailed by the Transportation Cabinet.

If you disagree with the decision

• Under $2,500: ask for a full Board review within 14 days of the order.
• $2,500 and above: file a request for appeal with the circuit clerk in the county where the incident happened.

Two limits worth knowing

• Offsets. An award is reduced by what you have received, or are entitled to receive, from other sources. The Transportation Cabinet puts it plainly: A claim may be reduced by the amount a claimant is entitled to receive from any other source, including private medical or motor vehicle insurance. In practice that makes your deductible the realistic target for a covered claim.
• No pain and suffering. The Board cannot award damages for mental distress, pain, or suffering, and it cannot award collateral or dependent claims (KRS 49.020(5)). The Board's FAQ lists consortium and subrogation claims as excluded on the same basis.

1. Report it to LexCall 311.

   Call (859) 425-2255, or use the city's online service request. Monday through Friday, 8 a.m. to 6 p.m.

   The report is the record. It is what shows the city knew.

2. Take photos and keep your repair bills.

   Photograph the pothole and the damage. Note the exact location, the date, and the time.

   Keep the repair invoice and receipt, or two estimates. Keep your insurance declarations page.

   If you can get the record of an earlier report of that same pothole, keep that too. It is the strongest thing you can hand them.

3. Call 311 again and ask how to file a damage claim.

   Ask to be routed to the division that handles damage claims against the government. Be ready to say the street, the date, and the amount.

   There is no reimbursement program. But LFUCG is self-insured, and it considers claims one at a time.

   Ask for a claim number and the name of the adjuster. Write down every date.

You'll need to show they knew about the pothole and had time to fix it.

Why there are two true answers here

This is where nearly every source goes wrong, in one of two directions. Some say the city pays. Others say the city never pays. Both statements the city has actually made are true at once, and you need both.

City workers told WKYT in April 2024 that Lexington does not have a fund or a program for pothole damage reimbursement. There is no pothole compensation office, no dedicated form, and no counterpart to the Board of Claims inside city government.

But the city said this in the same reporting:

LFUCG is self-insured, and any claims filed against LFUCG for alleged damage are assessed and processed like any insurance claim.

Self-insured means LFUCG carries its own risk rather than buying a commercial policy. So a claim against the city is evaluated by the city, the way an insurer evaluates a claim: on liability and on the documentation.

The absence of a program is not a blanket refusal. It means there is no shortcut, and the negligence test is the whole ballgame.

There is no city claims page to point you to

The city does not publish a claims page or an online damage claim form. As of September 3, 2026, there is no Risk Management page on lexingtonky.gov describing this process. That is why step 3 above is a phone call. LexCall 311 is the documented entry point.

Deadlines

The one-year deadline in KRS 49.120 governs the Board of Claims. It does not govern claims against a city.

Deadlines for claims against a Kentucky city government come from a different body of law, and this page does not summarize them, because the answer depends on the nature of the claim. Do not treat the state one-year figure as your city deadline. Do not wait to find out. File early.

For most pothole damage, your own auto policy is faster than either claim above. For smaller repairs it may be the only realistic route. It also has one exclusion that catches almost everyone.

The tire trap

A Lexington insurance agent explained the gap to WKYT this way:

The worst thing about hitting a pothole with your vehicle is if you only damage your tire on your car. Those are excluded from your policy. Unless there is more damage, meaning wheel or body damage, but there is no coverage for just your tire.

So a blown tire and nothing else is often the one outcome your policy will not touch. Add a bent rim, or damage to the suspension or body, and coverage generally comes into play.

Read your own declarations page rather than working from the general rule. Policies differ.

How insurance and a state claim interact

They are not either-or. But they do not stack. The Public Protection Cabinet will consider reimbursement claims covering repair costs and your auto insurance deductible, where you can prove negligence. On the other side, an award is reduced by what you are entitled to receive from other sources, insurance included.

For a state-road pothole, the usual order is:

• Check whether the damage is covered at all.
• File with your insurer if it is.
• Take the deductible, and any repair the insurer did not cover, to the Board of Claims.

Filing with the Board first and the insurer later does not increase the total.

One thing to weigh

A comprehensive or collision claim for a few hundred dollars can affect your premium. And if your deductible is close to the repair cost, there may be nothing to gain. Do that arithmetic before you call anyone.

Whatever happens with your claim, report the hole. It is what gets it filled. It is also what builds the record that the agency knew, for you and for the next driver.

City-maintained street

• LexCall 311, or (859) 425-2255, or the city's online service request. Monday through Friday, 8 a.m. to 6 p.m.

The city strives to repair a pothole within two working days once it has been reported to LexCall.

State-maintained road

• 1-800-PATCH-IT, which is 1-800-728-2448.
• The Kentucky Transportation Cabinet's online Report a Pothole form.
• County Maintenance Garage, (859) 246-2059, listed by the city for state roads.
• Department of Highways, District Seven, (859) 246-2355. District 7 covers Fayette County.

Filing a state claim

• Board of Claims, (502) 782-8255.
• negligenceclaims@ky.gov, or 500 Mero Street, 2SC1, Frankfort, Kentucky 40601.

Note the date and time you reported the pothole, and keep the confirmation or reference number. If that pothole is still there in a month, that timestamp is the most useful document you own.

This page is a plain-language summary of two published claims processes. It is not legal advice, and nothing on it predicts what will happen with your claim.

For a routine vehicle damage claim you do not need an attorney. An individual may file with the Board of Claims without one, there is no filing fee, and the office will help you with the form (802 KAR 2:010). A business entity filing a claim does need an attorney, under Supreme Court Rule 3.020.

Talk to a Kentucky attorney if:

• Anyone was hurt.
• The damage is large enough that the outcome matters financially.
• A claim is denied and you are considering an appeal to circuit court.
• You are unsure which deadline applies to a claim against the city.

Personal injury claims also run on a different accrual rule (KRS 49.120(3)), and the Board's own FAQ sends injury and malpractice questions to its staff attorney.