Sault motorist upset with claims process after pothole encounter

Gary Taylor figures he was about 50 feet away from the intersection of Vera Street and Adeline Avenue when he encountered a pothole about four square feet in size early last month.  

Taylor swerved his 1998 Toyota RAV4 around the pothole, but by the time he noticed a large piece of protruding asphalt beside the gaping hole, it was too late: he had struck the large chunk of asphalt, leaving the muffler dangling from his vehicle. Taylor then proceeded to remove the chunk of asphalt he had struck from the roadway so no one else would have the misfortune of hitting it.

“It tore three pipes and the muffler,” the frustrated motorist recalled while speaking with SooToday Wednesday. “I heard a lot of noise — when your car doesn’t have a muffler, it’s embarrassing how loud it is.”

Taylor ended up filing a motor vehicle damage claim with the City of Sault Ste. Marie after his vehicle was repaired at a local garage, more than two weeks after that fateful Feb. 8 pothole encounter.  

He received a letter from Sedgwick Canada, the independent insurance adjuster for the city, in early March. According to the letter, the company's investigation found that the “City of Sault Ste. Marie is not exposed to liability in this instance.” 

“The City of Sault Ste. Marie received your vehicle damage claim notification on February 24, 2023 which falls outside of the statutory 10-day reporting requirement for municipal roadway claims in Ontario,” said the letter from the third-party adjuster. “Your claim is accordingly statute barred from proceeding.”

Taylor’s bill for the repairs to his vehicle as a result of the damage totalled more than $900. 

“I got the car done, not knowing there was a 10-day period,” he said. “I could’ve put the damage in earlier, but I didn’t know how much it was.” 

Taylor believes the municipality should do more to make people aware of the 10-day reporting period for future vehicle damage claims.  

“I think city hall should be covering this,” he said of the repair bill for his vehicle. 

The City of Sault Ste. Marie uses its website to disseminate information to the public on different types of damage claims, including damages to motor vehicles in addition to the 10-day reporting window.  

Here are the steps to file a motor vehicle damage claim:  

• contact insurance representative in the event of a motor vehicle collision; 
• report a motor vehicle damage claim within 10 days of the date of loss or damage by filling out this online form and attaching photos and documentation. 

The claim form and attached information is then sent to the independent adjuster for review.  

“All claims are managed and investigated by an independent adjuster, not city staff,” said the city’s website. “After you make your claim in writing, all future dealings regarding the claim are between you and the independent adjuster, not city staff.

"If it happens that a contractor had control over the location where your damage or injury took place at the time of your claim, the independent adjuster will forward your claim form to the contractor for their investigation and liability determination. You will be advised by the independent adjuster in writing if your city claim form has been forwarded to the contractor.” 

The independent adjuster reviews each case before making a determination on whether or not the municipality is legally liable for damages. Motor vehicle damage claims are typically completed by the independent insurance adjuster within 90 days.

More information on damage claims can be found on the City of Sault Ste. Marie website.