Tis the season for potholes. Did you know if you damage your car on a pothole you may not have to pay to fix it? Me either.

Damages caused from pothole could be covered 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 determine if the pothole was a known problem.

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.]

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.


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