Potholes are not a fun situation to be in, but the good news is that you may not have to pay for the damage. In New York, the Department of Transportation (DOT) is authorized to pay claims up to $5,000 for negligent upkeep of its roads. That includes potholes. Here's how you can get reimbursed for pothole damage in New York state.
Potholes Are Dangerous But Common in New York
In 2023, New York State ranked as the 28th-worst state in the country for potholes. Not too bad, but there's a lot of room for improvement. New York City, on the other hand, ranked as the 9th-worst city in the country for potholes.
They're not just an expensive nuisance, they also make the roads more dangerous. They can cause tire blowouts and even make drivers lose control of their vehicles. What's more, drivers may instinctively swerve to avoid hitting the pothole and cause an accident.
How to Get Reimbursed for Pothole Damages in New York
According to AAA, the average pothole damage to a car is $600. In total, drivers spent $26.5 billion on pothole-related repairs in 2021. You're not in the wrong for wanting the state to pay up.
1. Document the Damage
Start by writing down the day and time you hit the pothole. Then detail all the damage to your vehicle. Be specific and thorough. Take pictures to back up your claim.
You may need witnesses, so write down their information. If no one stopped to help, consider calling law enforcement to file a report.
2. Document the Pothole
Note where the pothole is in as much detail as you can. Include the street or highway, block or mile, and lane. Take pictures of the pothole, but only if you can safely do it.
3. Get It Repaired or Two Quotes
Next, take your vehicle to a mechanic to get it repaired. Keep the receipt — you'll need it when you file the claim.
If you can't afford the repairs right now, get quotes from two licensed mechanics in writing. You'll need those later.
4. Find Out What Authority Is in Charge
The next step is finding out who has authority over the road. Page 2 of the Small Claims Instructionsdocument lists contact details for each New York county. Call them if you have questions.
This part can be even trickier if you're in New York City, which has separate entities to deal with potholes.
5. File the Claim
You can file the claim online if you hit a pothole in New York City.
If you're elsewhere in the state, you'll have to file the claim old-school-style. Print out the TA-W1552 (Thruway Authority) or DC 30-2 (Department of Transportation) forms, fill them out in ink, and mail them to the correct authorities.
Remember, you have just 90 days from the pothole incident to file the claim.
Will the State Really Pay for Pothole Damage?
In theory? Yes, authorities in New York State will pay for pothole damage to vehicles. But there are rules surrounding these payouts:
You must file your claim within 90 days.
The authorities had to have known, in writing, of the pothole for at least 15 days.
The damage had to have taken place during pothole season: from May 1st to November 15th.
Expect your claim to take 8 to 10 weeks, or potentially longer. Unfortunately, the process is so slow many drivers don't think it's worth putting in the time.
What to Do If Your Claim Is Denied
Most claims get denied, but there's more you can do about those pesky potholes.
File a Claim with Your Insurance
Make a claim with your insurance company as quickly as you can. They may pay for a portion of the repairs. But don't hold your breath: most insurers considerdrivers at fault for pothole damage, so many don't cover damages. And because there are times when filing a claim does more harm than good, you'll need to really weigh the pros and cons.
Report All Potholes
Always report potholes. For starters, it might actually solve the problem. Secondly, it will at least leave a paper trail that the pothole is there. That way, if a driver hits that pothole 16 or more days after your report, they may have their repairs covered.
