BUFFALO, NY - It's that time of year again. Potholes have begun proliferating on area streets and highways.
At the same time, drivers face a rough road in attempts to cash in by claiming damage to their cars.
Road crews are trying to get ahead of the annual rite of patching, and are taking advantage of decent weather.
A spokesperson for the City of Buffalo, who says the best way to get a pothole fixed is to report it through the 3-1-1- system, says patch crews have been working every day, including Monday, which was a holiday.
Erie County is similarly occupied, with crews expected to make more headway due to the forecast, which will allow it to utilize crews normally reserved for plowing duties to patch potholes instead.
“We’ve even been patching on the last couple of Saturdays,” said Deputy Highway Commissioner William Geary. “The weather has been cooperative, with dry conditions and above freezing temperatures. We’ve even sent some of our crews from the northern parts of the county to the southern part where it seems they’ve had more than their fair share of potholes this season,” Geary said.
If you strike a pothole, and it causes damage to your car, you can attempt to file a claim with your auto insurer.
However, there are some factors to consider first.
“There’s always ramifications for making a claim for your insurance," said Craig T. Willoughby, CIC of the Willoughby Insurance Agency.
Hitting a pothole is typically considered a collision, thus falling into the same category as running into a telephone pole.
“It may not seem fair…but you have to remember you're going to have an at-fault accident on your insurance record for hitting that pot hole," said Willoughby.
As well, if the amount of damage is below your deductible, you're going to pay out of pocket for repairs.
“If it’s over the deductible, you still to have to weigh whether it’s really worth having to shell out several hundred dollars and have the at-fault accident on your record. I’d think twice about filing a claim unless it was for a substantial amount for major damage to your vehicle,” Willoughby said.
You can also try and file a claim with the municipality responsible for road to recover damages.
The first step is to determine which municipality is responsible for the maintenance of the road. It’s also recommended that you take pictures of the pothole and any damage to your vehicle, note the precise location of the pothole, file a police report, and get an estimate from a mechanic as to what the repairs will cost.
But even with all that in hand, it might be bumpy road to get money from the government for damage caused by a pothole.
“It’s a sometimes difficult task,” said Ross Cellino, a partner with Cellino and Barnes, a law firm specializing in accidents and injuries.
Cellino notes that many municipalities require something called "prior written notice" in order to be held liable for vehicle damage caused by a road condition.
“The law allows a municipality to defend the case by saying that unless it knew about that pothole, and there was a written notice to the municipality advising of the pothole’s existence, then it cannot be held responsible,” he said.
It also means that beyond being notified of the pothole, a municipality must have had a "reasonable amount of time” to fix it.
“What constitutes a reasonable amount of time under the circumstances is something the law fights over all the time,“ Cellino said.
Cellino says an exception to that rule arises when the actions of the municipality actually caused the pothole.
The Thruway Authority and state DOT have special forms drivers can submit if their vehicles are damaged by road conditions, and will pay up to $5,000 per claim.
However, one thing that is not noted on the forms is a section of state law, which protects the state its agencies from being held responsible for vehicle damage from potholes between Nov. 15 and May 1, which is typically the worst time for potholes.
Still, the DOT says this should not be viewed as a blanket objection, and that all damage claims submitted during those months are evaluated.