# Chicago Pothole Damage: Who Pays? | Who Pays the Repair?

> Chicago reviews pothole damage claims through the City Council by ordinance, not small-claims court, under state limitations law.

**Who pays:** depends

Chicago doesn't use small-claims court for pothole damage; the City Council reviews and settles claims by ordinance, with $2,500-or-less claims going to the City Clerk and larger ones to the Law Department.

**Boundary:** Chicago doesn't send pothole damage claims to small-claims court; the City Council itself reviews and settles or denies these claims by ordinance, with claims of $2,500 or less going to the City Clerk and larger ones to the Law Department's Claims Unit, under a statute of limitations set by 745 ILCS 10/8-101.

**Exceptions:** Claims over $2,500 route to a different office (Law Department) than smaller ones (City Clerk); Missing the statutory limitations period bars the claim

## Sources
- [Claims](https://www.chicityclerk.com/claims) — "In most cities/towns, if you find yourself in a situation like above, you would be required to file a case with the small claims court or similar county court system. In Chicago, however, claims such as these are reviewed and settled by the Chicago City Council passing an ordinance to award damages." (accessed 2026-09-13)
- [Claims: FAQ](https://www.chicago.gov/city/en/depts/dol/provdrs/claims.html) — "What is the Statute of Limitations? The Statute of Limitations is prescribed by 745 ILCS 10/8-101." (accessed 2026-09-13)
- [Claims](https://www.chicityclerk.com/claims) — "Types of claims under $2,500: ... For claims over $2,500, visit the City of Chicago Law Department's claims webpage." (accessed 2026-09-27)

_Last verified 2026-09-26. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/chicago-pothole-car-damage-who-pays/ — every claim checked against a primary source before publication (see /methodology/)._