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Drivers say pothole at Charlotte shopping center damaged their tires

CHARLOTTE — Angela Clyburn says her husband wanted to buy breakfast, went to Whitehall Commons shopping center in southwest Charlotte, and ended up hitting a pothole on the loop road in the parking lot.

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“We come to spend $15-$20 that morning and end up out-of-pocket [$]500,” she said.

She says it cost them two tires.

“Other people had to have damaged their tires. They had to,” she told Action 9 attorney Jason Stoogenke during an interview at the shopping center.

Another driver stopped and told Stoogenke had to replace two tires, as well.

This pothole was on private property. So, Action 9 started with the company that manages the shopping center. They say Publix owns that road and that they’ve made the grocery chain aware of potholes in the past. After Stoogenke got involved -- someone patched the pothole.

It’s not clear who fixed the pothole.

Publix emailed Stoogenke and said it doesn’t own that street and referred him back to the landlord or property owners’ association.

If a pothole damages your car:

  • Document the damage.
  • Figure out who maintains the road: The city of Charlotte, the state, or private.
  • Submit your claim.

If the City of Charlotte maintains the road:

  • Submit a claim here.
  • Risk management rules on your claim.
  • If it is denied, appeals can be made to the claims manager and then the city attorney’s office.

If the state maintains the road:

Submit a claim here.

  • The North Carolina Attorney General’s office rules on your claim.
  • If it is denied, you can appeal to the North Carolina Industrial Commission.

Either way -- city or state -- you need to prove two things to win:

  • The government knew about the pothole.
  • It had enough time to fix it.
  • You can always sue, but it may still be hard to win.

VIDEO: Avoid pothole problems with these tips from Consumer Reports

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