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A BIG OUTRAGE--NYS EXEMPTS ITSELF FROM HAVING TO REIMBURSE YOU FOR POTHOLE DAMAGE TO YOUR CAR
Release Date: March 05, 2019

A BIG OUTRAGE --NYS EXEMPTS ITSELF FROM HAVING TO REIMBURSE YOU FOR POTHOLE DAMAGE TO YOUR CAR IF YOU RUIN YOUR CAR DURING WINTER MONTHS

 

Over the weekend I sent out a memo explaining how residents can get reimbursed if they go over a pothole on a NYS road.   When I sent out the e mail I neglected to mention  a NYS law that is really very unfair.  State Highway Law explicitly exempts the state from liability for damages arising from defects in its state highways except between May 1 and Nov. 15. Also the State’s law has a 90 day notice provision.  That means that if your car goes over a gigantic pothole on a state road during the winter months you are out of luck. NO REIMBURSEMENT FROM NYS.  This applies even if NYS had written notice about the pothole on the road and did nothing about it.  This, in my opinion, is disgraceful.

 

Assemblyman Tom Abinanti has been pushing for legislation that would make NYS liable for pothole related damages on NYS roads during the winter months. It's an outrage that NYS doesn't maintain roads that they own in Greenburgh and that they are not responsible for damages even if they received notice in writing about the potholes and did nothing about it.  

Roads in Greenburgh owned by NYS are:   

 

Dobbs Ferry Road, 100 B, Grasslands Rd (100C), Saw Mill River Road, Route 119, Central AVe, Broadway (in the river villages)  are all in bad shape -with a bunch of potholes. NYS also owns West Hartsdale Ave but that road was repaved - about 5 years ago (that road doesn't have many potholes).

This is an article that appeared in the NY Times about Assemblyman Abinanti's initiative a number of years ago. Hopefully, the Senate and Assembly will approve legislation to get rid of the exemption in the coming weeks.  I have written to all the members of the State Senate and Assembly from Westchester asking that this be addressed.

https://www.nytimes.com/2014/04/30/nyregion/pothole-puzzle-new-york-state-rejects-drivers-damage-claims-in-winter.html

I have been in touch with the Deputy Chief of Staff to the Commissioner of the NYS Department of Transportation about road conditions on NYS roads. I invited state officials from the NYS DOT to take a tour of the state roads that are not being maintained.  I also asked our state lawmakers to increase the budget for road repaving - state roads that the state is overseeing. The NYS budget will be approved by April 1.  Received some positive news from NYS this week: They have added Dobbs Ferry Road to the list of roads that they plan to repave.  They had promised to repave Hillside this spring (was supposed to be done last year but the bid was awarded late in the season).

 

If there are potholes on town roads please e mail dpw@greenburghny.com. Send me a copy at pfeiner@greenburghny.com so I can also follow up. Claims should be filed with the town attorney's office at town hall. Again- you only are entitled to reimbursement if there was written notice.  Municipalities in NYS are responsible for damages to cars only if there was pre-written notice. So--if you see a pothole on a town road write to us--give us a chance to fix it.

PAUL FEINER




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