Brooklyn, New York and the rest of NYC is no stranger to new and existing road construction. However many areas of Brooklyn and surrounding cities are filled with roads that are not exactly the easiest on the wear and tear of your vehicle, especially to fenders, bumpers and body damage to your vehicle. When driving there are situations that sometimes can’t be avoided with road conditions like serious potholes leading to scratches, or even loss of body parts from your car. So who is responsible for damage to your vehicle from road conditions and potholes?
The New York state government is tasked with keeping roads clear of debris, free of potholes, and safe to drive on. Yet when cities are in trouble, one budget often compromised is the DOT (department of transportation). If your vehicle is damaged because of a pothole in Brooklyn, NY, are you stuck with the bill for damage or should the city be responsible?
New York law dictates that its cities are not responsible for damage caused against a vehicle due to street debris or potholes. The city is not liable for the condition of its roads, nor is it likely that filed claims will be met.
Despite this law, there is a formal process on the New York State Department of Transportation’s website. The form reports where the pothole is, and you can request a direct response from the NYSDOT. Citizens may make a claim against the city seeking reimbursement. Sometimes the city reimburses drivers, though the chances are extremely slim. Motorists requesting refunds for pothole damage is the number one complaint.
In other words, cities are left up to their own discretion on whether or not to pay damages. While the laws vary from city to city, one trend strikes through all New York State court systems: requesting damages is a lengthy process that almost never bears fruit.
If you wish to bring a lawsuit against your city for damages, there are generally three important questions that must be answered:
- Was the city aware of the pothole or unsafe condition before it damaged your car?
- Did the city have enough time to fix/clear/repair the street?
- Was the obstruction the only cause of damage to your vehicle?
Most of the time, the city must be aware of an unsafe section of road before it is held liable. This is especially true in New York. If you are the first to report a pothole, the city is unlikely to pay anything.
Then, the city must have a certain number of business days to determine whether it is liable. This is typically left up to the discretion of the judge, who will often side with the city if the claim is made by a civilian.
Finally, an inspector is often issued to check the car for signs of damage prior to the pothole. If your car is well-worn or suffers any obvious signs of damage, the inspector will likely claim the pothole is not solely responsible for the damage.
If your vehicle has received body, frame or accessory damage from Brooklyn Potholes or road conditions, call Auto Group Collision and see how we can help! Contact us now to for a FREE ESTIMATE!
Auto Group Collision is Brooklyn’s Local Bumper Repair Experts
Since 2004 Auto Group Collision has been providing the people of Brooklyn and surrounding areas with the highest quality of collision repair and auto body repair service. We established a trusted collision center that takes customer from the initial estimate to the completion of repair to getting you back into your car and in the driver’s seat while working closely with your insurance company.
Dealing with an automobile collision is traumatic enough without having to worry about filing insurance claims. We know that each insurance company has its own procedures, and we’re here to assist you with the insurance company transactions. We provide the information they require regarding the collision repairs, as we guide you through the entire process of dealing with all the paperwork.
We accept all insurance estimates and work with all insurance companies. Auto Body Collision wants you to be a satisfied policy holder, so we’ve established relationships with all the region’s major insurance companies. Working directly with your insurance company, we’re able to start repairs immediately while also often helping speed up the insurance adjuster’s inspection and approval.
As soon as the work is approved, the parts are ordered. To expedite the work, when parts are received they are put into a bin, which only holds parts for one particular job. This type of care and orderliness insures your vehicle is repaired using only authorized parts.
Auto Body Collision works with your insurance company, estimating damage, handling your claim, and negotiating with the insurance company to make sure your repairs are done properly and swiftly.
Has your car been in a collision or minor fender bender? If your vehicle has received body damage, frame or paint damage, call Auto Group Collision at (718) 449-4616 and see how we can help! Contact us now to for a FREE ESTIMATE!