OPINION ISSUED MAY 28, 1991
JAMES C. LANHAM
DIVISION OF HIGHWAYS
Claimant appeared in his own behalf.
James D. Terry, Attorney at Law, for respondent.
On May 28, 1990, claimant was traveling south on Interstate 79, when his 1988 Honda struck a hole
in the pavement in the area of exit 99. The left front tire appeared to have a "bulge" as a result of the
accident. Claimant continued to drive his vehicle that afternoon, but later rechecked the tire when
he observed that it was not holding air. Upon removing the wheel, he realized that the wheel was
bent where the bulge had developed. Claimant however submitted and seeks to recover costs
associated with the purchase of two wheels, two tires, one hubcap, an alignment, labor and tax,
amounting to $636.27. Claimant testified that only one wheel and one tire were damaged by the
accident, and the amount of damages claimed should be amended accordingly. Testimony further
revealed that claimant's insurance had already paid $586.04 for the alleged damages.
Respondent denies knowledge of the alleged road hazard, and avers that claimant's insurance "has
paid all of the damages." The Court agrees that damages not related to the alleged road hazard should
not be considered. The Court further agrees with respondent that claimant's insurance has reimbursed
claimant for this accident. As this claim was not brought in behalf of the insurance company for
subrogation, and as the Court has adopted a position of not making awards in subrogation claims,
this claim is denied. See Sommerville v. Div. of Hwy., CC-89-347, an unpublished Opinion, January