Extreme winter weather conditions are tough on New York roads, and this year’s harsh conditions have been especially brutal for motorists, leading to a huge increase in potholes. But, the NYS Department of Transportation will pay for damages to your car caused by potholes on state highways, right? The answer is not necessarily – it depends on what month the incident happened. No, were not goofing on you. Better check your car insurance is up-to-date.
According to State Law, Section 58: “The state shall not be liable for damages suffered by any person from deficits in state highways, except between the first day of May and the fifteenth day of November.” That leaves five and one-half months of open season on your car by tire-eating potholes. Although the state doesn’t have to pay for pothole damage on its roads during this period, there’s no such exemption on city and county roads.
Winter’s Collateral Damage
In 2013, from May 1 to Nov. 15, the state reimbursed motorists $13,386. The bill for the city during 2013 was somewhat higher – pothole-related claims cost the city $5.5 million.
An extra $40 million – that’s what the state budget approved to help municipalities repair potholes after the brutal winter season. State crews went through 16,000 tons of patch mix to fill potholes, double the usual quantity.
Report Potholes
To report potholes on the state’s highway systems, call the New York State Department of Transportation toll-free hot line at 1.800.POTHOLE (1.800.768.4653). The line is available 24 hours a day, seven days a week.
To help road crews, callers should provide the following:
• The community or county where the pothole is located
• The state route or interstate number
• Closest reference marker and exit numbers
• Direction of travel
• Nearest landmark or crossroad
new york potholes
Filing a Pothole Claim in New York City
According to the City’s Comptroller office, you have to file the claim within 90 days of the incident. Drivers can file the claim in person, by mail or online at the Comptroller’s website.
Here’s what you’ll need to file your claim:
• Note the location and date of the incident, including the exact location of the pothole.
• Take a photo of the damage to your vehicle and another of the pothole.
• Obtain notarized statements from any witnesses to the incident, if possible.
• Make a copy of the police report and any tow records or auto club reports, if applicable.
• Make a copy of your license and registration to include with the report.
• Download an automobile property damage claim form from the New York City Comptroller site.
• Include photos, reports, registration, license copy and copies of receipts and canceled checks for repairs or damage cost estimates.
• Have the completed form notarized.
• Submit the form in person or send it via certified mail to the New York City Comptroller’s Office at One Centre Street, Room 1255, New York City, NY 10007.
So, don’t count on the state reimbursing you if you have damages after an encounter with a pothole. Now’s a good time to check your auto insurance policy – you may want to change the amount of your deductible.
Has your car been damaged by a pothole? Feel free to share your thoughts in the comments section