ABC15 has extensively covered the plethora of potholes and poor road conditions across the state over the last few months.
The Arizona Department of Transportation blames the record winter weather, but Arizona drivers are the ones dealing with the impact and are left with high repair costs from damaged vehicles.
Drivers can file a Notice of Claim against the state to try and get some reimbursement. However, ABC15 is also hearing from drivers who say the Arizona Department of Risk Management is refusing to pay up for the potholes.
"I just feel naive at this point," said Prescott Valley resident William Skaggs.
He had faith the state would foot the bill.
"I hit like three potholes," Skaggs recalled. "We went over the bridge and then hit three more potholes."
His brand-new car took the beating on the I-17 near Sunset Point in March of this year. It caused a blown tire, damage to his rims, and knocked his vehicle out of alignment.
"The tire warning light came on and I was like, 'Oh crap,' you know... 'we have a flat tire,'" Skaggs described.
When this all happened, it was the middle of the night, which is not a time anyone would want to be on the side of the road changing a tire.
"It was at midnight... very dark," Skaggs said. "You know, semi-truck traffic on the road and I felt not safe changing the tire where I was at."
Luckily, he stayed safe and eventually made it to the repair shop. The cost for all the damage was more than $1,300. So, he decided to file a claim against the state.
"I don't think I was asking for anything out of line because all I was asking for was not even the tire that I paid out of pocket for... just my insurance deductible," Skaggs explained. "That's all I wanted back."
But it was not long before he received a rejection letter in the mail from ADOA, even though he had a video of the moment of impact.
"I have the evidence there, I have photos of the damage, I have receipts for the repairs... I honestly thought they were going to take care of me," Skaggs said.
He ended up sending Operation Safe Roads the letter, which claimed, since the potholes were not previously reported, the state was unaware of them. Therefore, they were not liable.
That did not make sense to ABC15 Traffic Anchor Megan Thompson, who has extensively covered pavement work going on around the state - along with the I-17 Improvement Project, which includes adding flex lanes for the high-country commute.
It made her question how they were not aware if this was the same area Skaggs was traveling in when the damage occurred.
When ABC15 reached out to ADOA, they ended up changing their original reason for the denial but still upheld their decision.
Skaggs had reported the damage happened between milepost 251 and milepost 252. After Operation Safe Roads asked, ADOA reviewed the video and believed the damage happened at or after milepost 252. They went on to state that ADOT was working in the area and signage was posted, so drivers were entering at their own risk.
"I would say they're just probably blanket-denying everything at this point just because of the volume of complaints," Skaggs said.
He is one of a handful of drivers who have reached out to ABC15 with a similar story.
ABC15 asked ADOA to go on-camera and answer questions. They declined, however, they sent the following statement:
"ADOA Risk Management takes all claims submitted to the state seriously and investigates them individually using the information available, often coordinating with other agencies, as in this case ADOT, in order to gather the facts and make a determination.
"Additionally, because the state is self-insured, we must act responsibly, as these are taxpayer dollars and we have an obligation to be fair and accurate as we assess claims against the state. Please be aware, the State is not legally responsible to pay for any or all alleged damages just because they occurred on state property. In this case, the damage must have been caused by the State’s negligence. Potholes are common and an unfortunate issue nationwide. They can occur quickly, especially with, for example, the severe winter weather northern Arizona has recently experienced. However, ADOT has worked diligently and as quickly as it reasonably could to repair potholes that formed as a result of the winter storms... In the case of Mr. Skaggs, the notice of claim he submitted indicated that the loss location was between milepost 251 and 252 on 3/23/23 at 11:45 pm. However, in reviewing the video footage, it confirms his loss occurred directly at or after MP 252. What our investigation found was that ADOT had performed repairs on I17 northbound from MP 252 to 257, beginning on 03/21/2023 at 10 p.m., with completion of those repairs being on 03/23/2023 at 6 p.m. Signage was posted during the repair timeframe informing the public the repairs were taking place.... I hope this is helpful to understand our process. Because Mr. Skaggs... may still pursue litigation against the State of Arizona on these claims, we are unable to further discuss these cases."
READ MORE: Legal expert weighs in on pothole damage and filing a claim