The Reason Your Paying For Pothole Damage In New York

A new proposal could change who pays when your car gets damaged on New York roads.

With potholes everywhere across the region, a Hudson Valley lawmaker is proposing legislation to hold New York State responsible for vehicles damaged by potholes.

Hudson Valley Lawmaker Wants State To Pay For Pothole Damage

Assemblyman Patrick Carroll, who represents Rockland County, says it's time for the state to be held accountable.

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"Following recent storms and the unacceptable conditions of our state roads, where dozens of residents have sustained significant damage to their vehicles, I’m introducing legislation to move liability off drivers and on to the state," Assemblyman Carroll states.

Under current New York law, the state isn't liable for any damage to your car from defects (like potholes) on state roads between Nov. 16 and April 30.

That means if your car gets wrecked by a pothole during the worst driving months of the year, you’re likely paying out of pocket.

According to Carroll, New York is the only state in the country with a "specific seasonal window." He adds that potholes cause serious problems for tires and axles.

His bill would eliminate that seasonal loophole and move New York to what’s known as a “notice and negligence” standard, joining many other states, including Massachusetts, Michigan, and California.

"The state would be liable for damage if they had notice of road defects or dangerous conditions and had sufficient time to repair the defects but did not yet fix it," Carroll added.

It's unknown at this time if this measure has enough support to pass the Senate and Assembly.

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