The harsh winter has wreaked havoc on our roadways. Potholes abound and road crews are gearing up for major road repairs. Some roadways are worse than others and avoiding driving over potholes all together can be difficult. When driving over a pothole results in damage to your vehicle, who can be held responsible?
You may be able to hold the State of New York responsible, but there are some limitations that you need to know before pursuing a claim. First, State Highway Law exempts the state from liability for damages arising from defects on the highways except from between May 1 and November 15.
One can consider whether the current law makes much sense. After all, it is the winter months when you are most likely to encounter a pothole and suffer damage to your vehicle. Up until May 1, if you should happen to damage your vehicle by driving over a pothole, the State has no responsibility.
So, what do you do if your car is damaged by a pothole during the exempt time period. Well, you can always make a claim through your own insurance policy, but you will most likely be subject to a costly deductible.
The current law has come under fire from politicians. It has been argued that the law as it stands ignores the State’s responsibility to ensure safe roads. Proposed amendments would make the state responsible all year long, provided there is reasonable advance notice of the roadway hazard.
If you need help with a pothole claim, please feel free to contact Spinner Law Firm, Injury Lawyers for help.