(ROCHESTER, NY) - Today, Senator Jeremy Cooney (D-Rochester) announced his legislation (S3276) to hold the state liable for vehicle damage caused by potholes year-round.

“Potholes can bring pain, panic, and unexpected payments,” said Senator Cooney. “As Chair of the Senate Transportation Committee, my mission is two-fold: we should be quickly fixing our roads for the safety of drivers statewide, but we should also help New Yorkers shoulder the costs of an unexpected incident on a state road. It’s time to fix our roads, keep money in the pockets of New Yorkers, and create safer driving experience for drivers here in Monroe County and across New York.”

“AAA sees firsthand the toll that potholes take on both vehicles and drivers’ wallets,” said Elizabeth Carey, Director of Public Relations at AAA Western and Central New York, speaking on behalf of AAA New York State. “AAA surveys show that average vehicle repairs from pothole damage often cost drivers hundreds of dollars – and significantly more in severe cases. AAA urges drivers to slow down and stay alert for road hazards, while also calling on elected officials to continue investing in improvements to our roads.”

Currently, if a driver suffers damage to their vehicle due to potholes on a local road, they are allowed to pursue damages with the municipality at any point throughout the year. However, state law currently states that a driver can only pursue similar damages from the State on a state road between May 1st and November 15th. 

Senator Cooney’s bill would expand the State’s liability year-round, meaning that if a driver suffered damage to their vehicle during the winter months when potholes are most prevalent, they could pursue compensation from the state. In order to be eligible, the pothole would have needed to be reported to the State ahead of time. The State would only be liable in cases where they had received advance, constructive notice. 

In addition to his liability bill, the Senator also announced his push for the New York State Department of Transportation to create a new online mapping tool to allow residents to report the location of potholes (S3134). Currently, the State only provides a hotline, 1-800-POTHOLE, for reporting. Senator Cooney explained that the online tool would bring New York up to speed with other states, create a more seamless process for reporting potholes, and provide direct updates to users when the reported pothole has been fixed. 

Senator Cooney was joined by Alex Rheinwald, the co-owner of Fox’s Deli. Alex recently hit a pothole on the entry ramp to I-390 in Henrietta off of Jefferson Road, leading to over $200 worth of repairs to his vehicle. He is unable to recover from the State.

A recent release by AAA of Western and Central New York stated that nearly 2 in 10 drivers reported in a survey that they had to get repairs done to their vehicle after hitting a pothole. It was also reported that the average cost for pothole damage in 2022 was $406, a figure that has only increased with the rise in the cost of vehicle parts. 

A report by TRIP, a national transportation research nonprofit, reported this year that deteriorated roads “cost New York drivers a total of $40.3 billion each year.” With Senator Cooney’s bill, the state would be held liable if they had not fixed a pothole within 15 days of receiving notice. 

Residents in NYSDOT Region 4 (Monroe, Ontario, Livingston, Orleans, Genesee, Wyoming, and Wayne counties) can also call (585) 371-9300 or email R04-smallclaims@dot.ny.gov to submit a claim for damages to their personal property. Drivers will be asked to fill out and submit a claim form which can be found here: https://ww2.nycourts.gov/courts/nyc/smallclaims/forms.shtml 

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