Short Answer

In North Carolina, you may recover vehicle damage and reasonable loss-of-use (like rental costs) from a city if the city waived governmental immunity through liability insurance and you can prove negligent street maintenance. Lost wages for time spent taking your car to shops are rarely allowed as a separate item; courts usually limit you to loss-of-use. If the hazard was on a state-maintained road, your claim belongs with the North Carolina Industrial Commission, not the city.

Understanding the Problem

In North Carolina, can you make the city pay your lost wages after your car hit an unmarked pothole and you missed work to deal with repairs? You’re asking about compensation from a municipality for a road defect that caused a crash and time away from work.

Apply the Law

Under North Carolina law, cities have a statutory duty to maintain public streets in a reasonably safe condition. But cities are generally protected by governmental immunity unless they waive it by purchasing liability insurance or joining a risk pool. To win, you must show a dangerous defect, that the city knew or should have known about it in time to fix it, the defect caused your damage, and your claimed losses are the kind the law allows. For state-maintained roads, claims go to the North Carolina Industrial Commission under the State Tort Claims Act.

Key Requirements

• Waiver of immunity: The city must have liability insurance or a risk pool that covers this type of street defect claim.
• Negligence: A hazardous pothole or similar defect existed; the city had actual or constructive notice and failed to fix it within a reasonable time.
• Causation: The defect directly caused your crash and vehicle damage.
• Recoverable damages: Reasonable repair costs or diminished value, plus loss-of-use (e.g., rental or comparable substitute). Lost wages for repair trips are typically not a separate category.
• Forum and cap: You can file in Small Claims (magistrate) if your total claim is within the small-claims limit; larger claims go to District or Superior Court. Counties vary in scheduling and forms.
• Deadlines: Civil negligence/property-damage claims generally must be filed within a short statutory period (often three years), and state-road claims must be filed with the Industrial Commission within the applicable period.

What the Statutes Say

• North Carolina Gen. Stat. § 160A-485 (Waiver of immunity by purchase of insurance) - A city waives governmental immunity to the extent of insurance/risk-pool coverage.
• North Carolina Gen. Stat. § 160A-296 (Streets) - Cities are responsible for maintaining public streets.
• North Carolina Gen. Stat. § 143-291 (State Tort Claims Act jurisdiction) - Claims for state-maintained roads are filed with the Industrial Commission.
• Rule 4, North Carolina Rules of Civil Procedure (Service) - Describes service of process on local governments (e.g., city clerk, mayor, or manager).

Analysis

Apply the Rule to the Facts: Your claim involves an unmarked pothole on a city road that caused a crash. To recover, you must show the city had notice of the pothole (or it existed long enough that it should have known) and failed to fix or warn. You can seek repair costs and diminished value. For time missed from work due to shop visits, courts typically award loss-of-use (like rental costs) rather than lost wages as a standalone item.

Process & Timing

1. Who files: The vehicle owner. Where: Small Claims Division of District Court in the county where the city is located if your total claim fits the small-claims limit; otherwise District/Superior Court. What: AOC small-claims complaint form for money owed (available on the N.C. Judicial Branch website), plus evidence (photos, repair estimates/invoices, proof of diminished value, and any notice records). When: File before the statute of limitations expires (often three years from the crash; deadlines can change).
2. After filing, properly serve the city under Rule 4 (typically the city clerk, mayor, or city manager). Expect a magistrate hearing within several weeks; timelines can vary by county.
3. At the hearing, present proof of defect, notice, causation, and damages. If successful, the court enters a money judgment. If the road was state-maintained, instead submit a claim to the Industrial Commission using its tort claim process.

Exceptions & Pitfalls

• Governmental immunity: No recovery unless the city has insurance/risk-pool coverage that waives immunity for your type of claim.
• Notice of the defect: You must show the city knew or should have known about the pothole and had a reasonable time to fix or warn.
• Contributory negligence: Even slight fault by the driver can bar recovery in North Carolina.
• Wrong defendant: Confirm whether the road is city or state maintained; state-road claims go to the Industrial Commission.
• Damages proof: Document diminished value with a credible appraisal; courts usually award loss-of-use (rental or similar), not wages for repair appointments.
• Service errors: Serve the city correctly under Rule 4; improper service can delay or defeat your case.

Talk to a Personal Injury Attorney

If you're dealing with a city road hazard claim and need to understand what damages you can recover and where to file, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.