A new Channel 2 Investigates analysis found hundreds of drivers who filed claims for pothole damages to the city of Atlanta were left on the hook.
Channel 2 consumer investigator Justin Gray looked into the process and found the city only pays drivers in less than 15% of cases.
Across similar circumstances, drivers sometimes see different outcomes — even when the driver is the same person.
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Jon Luzier won a case and had his repairs paid for when for a pothole he hit in 2014. But when he hit another pothole in the same area and received similar damages 10 years later, his claim came up short.
Luzier said it was still dark when he hit the second pothole on Howell Mill Road in January 2024.
“It was a loud banging sound, rocked the car pretty hard,” Luzier said. “Both of my right-side tires were completely flat, and I had a bent rim.”
Luzier immediately took pictures of the pothole and quickly submitted a damage claim with the City of Atlanta. But it wasn’t until more than two years later that he received a letter in April of this year. The Atlanta Department of Law and city council finally made a decision and rejected his damage claim.
“It gets to a point where you’re just like, well, I did everything I could,” Luzier said. “What else can I do? I don’t have the time or resources to continue fighting this thing.”
Channel 2 Action News Investigates filed open records requests with the City of Atlanta to see how many damage claims actually get paid. Across 942 claims submitted since 2021, the city paid out money in only 139 of those cases, leaving over 85% of claims open or rejected. Similar to Luzier’s case, many claims remain open for years, with 277 still open according to city records.
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Drivers who aren’t satisfied with their answer can only take it further by taking the city to court.
“It really comes down to what did the city or state know and when did they know it,” said Bruce Hagen, a personal injury attorney who has litigated cased caused by road damage for years. “In order to hold the city accountable, you have to show that the city has knowledge of this road hazard.”
He says the city’s number one excuse is they did not know a pothole existed, and that’s what those who sue have to show in court.
It’s not just the City of Atlanta. In 2023, another Channel 2 Action News investigation found the state of Georgia also pays out only a small percentage of damage claims.
“They are defending themselves, adjudicating themselves and ultimately coming out with the ruling,” Luzier said.
Channel 2 Investigates also looked at how quickly the city actually makes repairs. Since January 2024, Atlanta 311 received more than 13,464 pothole reports. About 50% of those were repaired in under 2 weeks; in 3 months, that rose to 75%.
But some stick around. One pothole on Mercer Ave in southeast Atlanta was first reported to the city 753 days ago, sitting for more than two years without repair.
“The longer a pothole has been there, the harder it’s going to be for the city to disclaim responsibility when somebody is injured because of that pothole,” Hagen said.
He advises everyone to report the potholes and road damage they see to the city as soon as they can. Reporting potholes both gets their attention for a repairs and potentially protects drivers from having their claim dismissed because the city didn’t know a pothole existed. Drivers can report potholes through the Atlanta 311 website.
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Channel 2 Investigates reached out to the city for comment, but city representatives declined to comment citing pending litigation. The Atlanta Department of Law told us they do not comment on threatened or actual litigation, including claims.
Luzier also worries about potential injuries and about families where new tires or wheels could break the budget.
“I couldn’t imagine what other folks might go through,” Luzier said. “That would ruin them getting to and from work to make the money that they would need to replace their tires.”