DENVER (CBS4)– Another round of storms bringing heavy rain to the Denver metro area has created some problems for drivers- potholes. The extended rain has broken down weak spots in the pavement, which creates potholes.

“You could just feel the frame just slam into it and come back up and as soon as you came out of it, you’re going, ‘Uh-oh,'” said driver Mike Gestring.

The pothole problem has become pretty pricey for Gestring, “The rack and pinion is about $1,000 repair that affects the steering of the car.”

Vehicle damage from a pothole (credit: CBS)

Vehicle damage from a pothole (credit: CBS)

After damaging his vehicle twice on two different potholes, Gestring’s repair bills were piling up. So he sent a letter to the City of Denver requesting they reimburse him for the repair bills.

“They’ve so far said ‘Sovereign Immunity- we’re not responsible for it, we’re not going to take responsibility for it, we’re going to hide behind the rules,'” said Gestring.

Those rules are detailed in the Colorado Governmental Immunity Act which the city cited in a return letter to Gestring. The act protects governments from being liable for damages with some exceptions.

(credit: CBS)

(credit: CBS)

Gestring’s damage is no exception to the rule.

“It’s pretty frustrating because anybody else, if this happened in a parking lot, the owner of the parking lot would pay for it. In this case, the city just throws up their hands and says, ‘Not our problem.’ No recourse, it’s over,” said Gestring.

The City Attorney’s Office of Denver did not respond to requests for comment on this issue.

Denver Public Works does encourage drivers to report potholes right away by calling 311.


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