Pothole Damage to Your Car in New York? You May Not Have to Pay For it

Spring isn't the only season that has arrived in Central New York. It's also pothole season. Did you know if you damage your car on one of those potholes you may not have to pay to fix it?

Damages caused by potholes could be covered in New York but there is a catch.

"It must be clearly demonstrated that the State, although aware of a dangerous condition on the highway, did nothing to remove the hazard, subsequently resulting in damages to a user of the highway."

First, you need to find out who owns the road. Then you need to determine if the pothole was a known problem. Finally, you'll need to file a claim.

How to File a Claim

• Find out who owns the road; a local municipality, the county, or state?
• Call that government's clerk or highway department to find out how to submit a claim.
• Ask whether a written complaint of a pothole at that location was filed and when.
• Take photos and record details of the pothole's location.
• File a police report to document the incident.
• Get at least two repair estimates.

Need to report a pothole in Utica and Rome. There's an app for that.

Utica Potholes

Report potholes in Utica on the Utica 311 mobile app.

Rome Potholes

In Rome report potholes on the RomeNY 311 app

New York State DOT

Form: dot.ny.gov/divisions/legal-services-division/smallclaims
Questions: 845-431-5921.

New York Thruway

Form: on.ny.gov/1wm5uTH
Thruway form can be emailed to claimsunit@thruway.ny.gov or faxed to 518-471-4340.
Questions: 518-436-2981

You can report a pothole problem online or by calling 1-800-Pothole.