BROWNSVILLE - A Donna man is demanding a paving company cover the damages several potholes caused to his truck’s wheel.

In September, Carlos Marquez said he was driving along a stretch of road on Military Highway 281 in Brownsville. He was rattled when he went over several potholes.

Marquez said the potholes damaged his front driver side tire rim. He said he had all of the rims replaced for $1,300, including a towing fee.

Marquez then contacted the Texas Department of Transportation. The agency told him to take it up with the contractor responsible for maintaining the road.

Edcouch-based Foremost Paving agreed on a settlement of $700 with Marquez in November. He said he later changed his mind.

“Why am I losing $500 out of my pocket? It’s not fair. You know what it’s not fair, I said the wrong thing,” he said. “I sent him another email. ‘No, I don’t want to do it. I shouldn’t lose $500 because I’m going to work.”

A Foremost Paving representative spoke off-camera with CHANNEL 5 NEWS. He said the company sent the case to its insurance company after Marquez turned down the offer.

Marquez said he has since been waiting for a response from the contractor’s insurance company.

“I would be very happy is somebody was to call me back. Have the courage to at least acknowledge a phone call or call back, ‘Sir, we’re working on it. We’ll have an answer for you such and such date,’” he said.

Insurance Information Institute, a consumer information group, said Marquez should not have had the rims fixed and then work for repayment from the contractor. Instead, they said he should have immediately contacted his insurance.

“It all could have been averted if his insurance company’s adjusted had come out and given an assessment of how much it would have cost to repair the vehicle,” Michael Berry with Insurance Information Institute said.

Berry said motorists should always remember that it is the job of an insurance company to resolve these types of cases.