Vehicle Damaged by a Pothole? File a Claim Against New York State
These days, every time I drive down Riverside Drive in Binghamton, I say a silent thank you to the powers that be for fixing the potholes and paving it because the first winter after I moved to the Southern Tier was brutal. That first winter, I drove Riverside Drive every day and when I took my car for inspection in the spring, my mechanic dropped an unexpected bomb: I had extensive damage to my struts and shocks and he believed it was from constantly driving on rough, pothole-ridden roads.
Unfortunately, I'm not the only one who has had to shell out for car repairs because of bad roads. According to Your Mechanic, "American drivers pay approximately $3 billion, or an average cost of $300 each, annually to fix car damage caused by potholes." That's insane. So, what do we do about it? Can we do anything?
You might want to buckle in because if you're determined to go up against New York State it won't be a simple or a fast process, but if you're serious about wanting to get your money back for repairs made to your car due to potholes and other road problems, you'll need to file a small claim with the New York State Department of Transportation.
You'll Need to Complete the Following Steps:
Complete the Small Claim form (DC30-2) found at the bottom of this page and make sure that you fill it out completely. If the form isn't completely filled out, your submission will be instantly be rejected.
Determine in which region your vehicle fell victim to awful roads. For instance, if the damage occurred in Broome, Chenango, Delaware, Otsego, Schoharie, Sullivan, or Tioga counties, the office you need to deal with would be NYSDOT Claims Officer, 44 Hawley Street, 11th Floor, Room 1103, Binghamton, NY 13901.
Mail the completed DC30-2 form to the office where the damage occurred.
Wait patiently for department staff to conduct an investigation. When I say wait patiently, I mean like six to eight weeks, about the same time most people have had to wait to get their tax refunds this year.
File as Soon as the Damage Happens
A representative from the New York State DOT reached out to Townsquare Media to inform us that New York State is unable to reimburse damages sustained to vehicles due to potholes or road conditions from November 15th to May 15th. The DOT representative also stated that if you know of a pothole that needs to be repaired you should immediately notify the DOT. You can notify the DOT of pothole issues by calling that 1-800-POT-HOLE.
Note that the New York State Department of Transportation website states "For timely
filing, the Court of Claims Act mandates a maximum of 90 days between the date of loss and the filing of a Notice of Claim."
If the state decides that they dropped the ball on the road(s), you'll receive a check in the mail within 6-8 weeks. However, if the state believes that they're not in the wrong, you won't receive payment but you will receive a letter explaining why they didn't find in your favor.