Pothole resolution...

Last weekend was not fun due to the giant pothole I hit that messed up my right tires (the picture is the pothole covered in ice). $550 in damage to my car thanks to hitting that pothole the town took their time fixing (and they won't help paying for it). In fact, thanks to a WBEN report this week, I learned that towns aren't responsible for potholes during the winter months at all.

I talked to someone from the Department Of Transportation about it (Brian Skok) and he told me it's just a way of life in western New York during the winter and it was just bad luck on my part. Nice, right? Well, I did get a response from someone else at the DOT and here's her apology for what happened and an explanation of why the DOT isn't responsible for these potholes...

From: Surdej, Susan (DOT)
Sent: Wednesday, March 09, 2011 2:57 PM
To: Dave Debo
Subject: RE: MEDIA REQUEST Skok on Potholes

Dave,

Let me first apologize for the manner in which information may have been relayed to Mr. Anthony regarding his pothole claim. The Department of Transportation strives to provide excellent customer service with a positive attitude.

The information that should have been given to Mr. Anthony is that Section 58 of the State Highway Law specifically addresses the liability of the state for damages over the winter months. Highway Law states that “The state shall not be liable for damages suffered by any person from defects in state highways, except between the first day of May and the fifteenth day of November…” Essentially, the Courts have held that the State Highway Law limits the state’s liability for winter-related defects in the highway. Therefore, unfortunately, the claim for the pothole damage incurred by Mr. Anthony, even if it was reported, will therefore be denied.

The Department of Transportation continues to encourage motorists to report any potholes on state highways using 1-800-POTHOLE. We promise to get those reported potholes filled within three work days of notification unless inclement weather limits or prevents the repair. The Department will even respond back to the caller to them know that the repair has been made. Sometimes these repairs are not long lasting due to the continued freeze/thaw cycle over the winter months, even with the use of high performance asphalt cold patch mixtures, and may require a more permanent repair during the construction season.

I hope that this information provides you some background on pothole claims. If you have any other questions specifically regarding this claim, please feel free to contact our Regional Claims Coordinator, Marc Prentice at mprentice@dot.state.ny.us.

Thanks,

Susan

Guess that takes care of that. The picture to the right is the town fixing the pothole six hours after me and a bunch of others hit it.

I can't wait for that charge card bill to come next month. So much for my tax refund.