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Partner Daniel J. Persing Esq. outlines steps drivers can take to recover damages from potholes

CBS 6 Albany, NY

Drivers continue facing pothole problems

Friday, April 25 2014, 07:36 PM EDT

Cars that are damaged from potholes after May 1 could get some of the repair bill paid by the government responsible for maintaining the road.

State law allows drivers to file claims for pothole damage as long as the government knew about the pothole and had a reasonable amount of time to repair it.

“The municipality has to know about it. There are certain watchdog groups that actually keep records. They go out and report to the municipality and keep a log of the pothole,” said Daniel J. Persing, a Partner at Tully Rinckey, PLLC.

Records obtained through a FOIL from the City of Albany show the city has not paid on any pothole claims filed in the last three years. Most were rejected because the city wasn’t aware of the pothole. A recent city audit found Albany generally repaired potholes within three business days of a complaint.

Persing recommends drivers always report potholes to their local municipality or to the state by calling 800-POTHOLE. If a car is damaged in a pothole, Persing recommends documenting the damage and pothole and then checking to see if it was reported before the damage occurred. “If people are aware they have to give this notice, there has to be some log, some proof, that’s when the issue comes in,” said Persing. “When you talk about the difficulty that’s where you have it.”


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