Who Is Liable for Damage Caused by Potholes in NY?

Potholes are a common nuisance on New York roads, particularly after harsh winters and heavy rainfall. These road hazards can cause significant damage to vehicles and even lead to accidents.

If you've experienced pothole damage in the Hudson Valley or New York City, you may be wondering who is responsible for the repairs and whether you can seek compensation. Our Hudson Valley car accident lawyers at The Ahearne Law Firm, PLLC, are here to help you understand your rights and options when it comes to pothole-related damages.

In 2023, New York was ranked as the 28th-worst state in the country when it comes to potholes. New York City, in particular, had a serious pothole issue, ranking as the 9th-worst city in the country.

Potholes are more than just annoying. They can also be very dangerous because they can cause tires to blow out and even lead to car accidents. Drivers may try to avoid potholes by swerving, which can also cause dangerous accidents that result in injuries.

Understanding Pothole Liability in New York

In New York, the liability for pothole damage can fall on different parties depending on the location and circumstances:

• City or local government
• State government
• Private property owners (in rare cases)

The complexity of determining liability often stems from the overlapping jurisdictions of various governmental entities. For instance, a single road might fall under the responsibility of multiple agencies, making it challenging to pinpoint who is liable for pothole damage.

Is the City Responsible for Damage Caused by Potholes?

The city is responsible for maintaining roads within its jurisdiction. This includes repairing potholes and other hazardous road conditions. However, holding the government liable for pothole damage can be challenging due to special rules and limitations.

Key factors in determining city liability:

• Prior written notice: The city must have received prior written notice of the pothole's existence.
• Reasonable time to repair: The city must have had a reasonable amount of time to fix the pothole after receiving notice.
• Compliance with maintenance schedules: The city's adherence to regular road inspection and maintenance schedules can reduce its liability.

It's important to note that what constitutes a "reasonable time" can vary depending on factors such as weather conditions, the severity of the pothole, and the resources available to the city. This ambiguity often makes pothole damage claims complex and contentious.

Can You Sue the City for Pothole Damage?

Yes, you can sue the city for pothole damage, but the process is not straightforward. Before filing a lawsuit, you must first file an administrative claim with the appropriate government agency. The claim filing process varies depending on the location of the incident.

In New York City, you must file a claim with the NYC Comptroller's Office within 90 days of the incident. Check with the local government for specific claim procedures and deadlines in other municipalities.

It's important to note that many claims are initially denied. If your claim is denied or not resolved satisfactorily, you may then consider filing a lawsuit. However, be aware that suing a government entity involves navigating complex legal procedures and strict deadlines.

Will New York Cover Vehicle Damage Caused by a Pothole?

While New York State theoretically reimburses drivers for pothole-related vehicle damage, there are several conditions that must be met:

• You'll need to file a claim within 90 days of the incident.
• The authorities must have been officially notified of the pothole at least 15 days prior to the damage occurring.
• The damage must have taken place during pothole season, which runs from May 1 to November 15.

Be prepared for a lengthy process. Claims typically take 8 to 10 weeks to be processed.

How Much Compensation Can You Get?

The New York Department of Transportation (DOT) is responsible for reimbursing drivers for damages caused by poorly maintained roads, with a maximum payout of $5,000.

Is Hitting a Pothole an At-Fault Accident?

Generally, hitting a pothole is not considered an at-fault accident from an insurance perspective. Insurance companies typically view pothole incidents as single-vehicle accidents caused by road conditions rather than driver error.

However, there are exceptions to this rule:

• If you swerve to avoid a pothole and cause an accident with another vehicle or object, you may be found at fault for that collision.
• If you were driving recklessly or at excessive speeds when you hit the pothole, you might be considered partially at fault.
• If you knowingly drove through a clearly visible and avoidable pothole, your insurance company might argue that you were negligent.

It's crucial to document the circumstances surrounding the pothole incident thoroughly to protect yourself from being blamed for the incident.

Steps to Take If Your Car Is Damaged by a Pothole

If you hit a pothole and suspect damage to your vehicle, follow these steps:

1. Safely pull over and assess the damage.
2. Document the pothole's location, size, and surrounding conditions with photos and videos.
3. Gather witness information if possible.
4. Report the pothole to the appropriate authority, referring to page 2 of the Small Claims Instructions (note that New York City has its own procedures for pothole claims).
5. Get your vehicle inspected by a mechanic.
6. Keep all repair receipts and documentation.
7. Consult a personal injury attorney and file a claim with the responsible government entity or your insurance company.

The process for filing a pothole claim in New York State varies depending on your location. If you hit a pothole in New York City, you can file your claim online. However, if the incident occurred elsewhere in the state, you'll need to follow a more traditional approach.

To file a claim outside of New York City, you'll need to obtain the appropriate form. Depending on the road authority responsible for the pothole (Thruway Authority or Department of Transportation), you'll either fill out the TA-W1552 or DC 30-2 form.

Comparative Negligence in Pothole Accidents

New York follows a comparative negligence rule, which means your compensation may be reduced if you're found partially at fault for the accident. Factors that could affect your claim include:

• Driving too fast for the conditions
• Failing to maintain a proper lookout
• Driving a vehicle with known mechanical issues

For example, if you were speeding when you hit the pothole, and it's determined that you were 30% at fault for the accident, your compensation would be reduced by 30%. Understanding this concept is crucial when negotiating with insurance companies or presenting your case in court.

How to Prevent Pothole Damage

While you can't control road conditions, you can take steps to minimize pothole damage:

• Maintain proper tire pressure
• Avoid tailgating to better spot potholes
• Slow down in areas prone to pothole
• Be extra cautious during and after wet weather
• Report potholes to local authorities

Regularly reporting potholes not only helps prevent damage to your vehicle but also contributes to safer roads for everyone. Many cities now offer online reporting systems or dedicated hotlines for pothole complaints.