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

> Houston says it will not reimburse pothole car damage under Texas law; a 90-day sworn written notice is still required to contest it.

**Who pays:** depends

Houston's Legal Department says it will not reimburse pothole vehicle damage because Texas law shields cities from street-condition liability; sworn written notice within 90 days is still required to preserve any claim.

**Boundary:** Houston's own Legal Department states it will not reimburse pothole vehicle damage because Texas law shields cities from liability for the condition of their streets; to preserve any claim you must still give the mayor and city council sworn written notice within 90 days under the City Charter.

**Exceptions:** Texas law makes cities categorically not liable for pothole/street-condition damage, with no negligence pathway described; Missing the 90-day Charter notice forecloses even a long-shot claim

## Sources
- [Filing a Claim](https://www.houstontx.gov/legal/fileclaim.html) — "Will the City reimburse me for damage to my vehicle caused by a pothole or an object on a City street? No. Texas law determines whether the City and other governmental entities in the State of Texas can pay for damage caused by a pothole or an object in the street. Under State law, the City is not liable for property damage caused by the condition of its streets." (accessed 2026-09-13)
- [Filing a Claim](https://www.houstontx.gov/legal/fileclaim.html) — "Before the City of Houston shall be liable for damages for personal injuries of any kind, or for injuries to or destruction of property of any kind, the person injured, or the owner of the property injured or destroyed, or someone in his behalf, shall give the mayor and city council notice in writing of such injury or destruction, duly verified, within 90 days after the same has been sustained" (accessed 2026-09-13)

_Last verified 2026-09-25. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/houston-pothole-car-damage-who-pays/ — every claim checked against a primary source before publication (see /methodology/)._