EL PASO, Texas – (KFOX14/CBS4) — Following heavy rains in El Paso, numerous potholes have emerged throughout the city, causing damage to vehicles.
William Uptergrove, a lifelong El Paso resident, reported that his car was damaged after hitting a pothole on a rainy Sunday night.
Uptergrove described the incident, saying, “I had come back later that night to photograph almost the entire thing of Chapstick fit inside this pothole. There, there’s little to no lighting on Resler.”
He added that the deteriorated asphalt created a “hollow hole full of water” that was invisible while driving.
Mark Baugh reports on City denies vehicle damage claims tied to potholes, cites limited state immunity (Credit: KFOX14)
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Uptergrove recounted driving down Resler Drive near Bishop Flores Drive when he noticed a small bump.
After stopping to inspect his vehicle, he initially found no tire damage.
However, he later heard a squeaking noise from his front right tire and discovered a bend in the tire rim, which was releasing air.
“If you don’t know how to change a tire, you’re sitting there until someone who can remove your vehicle can,” Uptergrove said.
After reporting the incident to 311, Uptergrove was advised to submit a claim for vehicle damage through the city.
However, his claim was denied under Texas Civil Practices and Remedies Code 101.021 (2).
VIEW THE FULL CODE HERE
El Paso City Attorney Karla Nieman explained, “There is a limited waiver of immunity under state law. So most times the government is immune from any sort of loss.”
Nieman noted that claims for vehicle damage are typically denied because “there’s no expectation in law that the government is responsible for that type of damage.”
Despite the denial, Nieman stated that Uptergrove and others wishing to appeal the decision can bring their case to the city council.
Uptergrove said he is considering all options before pursuing that route.
To report any damaged property in the city, click here to call 311.
To file a claim with the city, click here to learn more
RELATED: Cold weather worsens El Paso pothole problem, drivers urged to report
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