New York City, NY · Municipal Liability: Pothole Damaged My Car

NYC Pothole Car Damage: Who Pays?

Who pays?

NYC only pays if DOT had prior written notice of that specific pothole at least 15 days before your incident, and you must file a Notice of Claim with the NYC Comptroller within 90 days.

Moderate confidence · Verified Sep 25, 2026 · 2 sources

Exceptions
  • No prior written notice to DOT means no liability regardless of how dangerous the pothole was
  • Missing the 90-day Notice of Claim deadline permanently bars the claim
What to do next

What to do next

  1. Go to the official page this answer comes from

    Office of the New York City Comptroller

    Official page

  2. Photograph the problem and write down the date

    Take the photos before any work starts.

  3. If the city sent a notice, note its deadline

    Write down the date it must be fixed by and exactly what it asks for.

Work through the full repair checklist

Responsibility Boundary

Default rule and exceptions

The City is only liable if DOT had prior written notice of the specific defect (or a prior written complaint it failed to repair) at least 15 days before the incident, per the prior-written-notice law; claimants must also file a Notice of Claim under NY General Municipal Law §50-e within 90 days of the incident.

PartyWhat they are responsible for
City of New York (DOT)Maintain streets and repair defects it has prior written notice of
You (claimant)File a timely Notice of Claim with the Comptroller within 90 days and prove prior written notice
ExceptionsNo prior written notice to DOT means no liability regardless of how dangerous the pothole was; Missing the 90-day Notice of Claim deadline permanently bars the claim

What the source says

Last verified against the primary source on Sep 25, 2026.

Pursuant to the New York State General Municipal Law § 50-e, personal injury and property damage (tort) notices of claim must be properly served within 90 days from the date of occurrence.
File a Claim, checked Sep 13, 2026
No civil action shall be maintained against the city for damage to property or injury to person or death sustained in consequence of any street…[or] sidewalk…being out of repair, unsafe, dangerous or obstructed, unless it appears that written notice of the defective, unsafe, dangerous or obstructed condition, was actually given to the commissioner of transportation or any person or department authorized by the commissioner to receive such notice
File a Claim, checked Sep 13, 2026
there was a failure or neglect within fifteen days after the receipt of such notice to repair or remove the defect, danger or obstruction complained of, or the place otherwise made reasonably safe.
NYC Administrative Code § 7-201(c)(2): Actions against the city, checked Sep 27, 2026

Common questions

Who pays for municipal liability: pothole damaged my car in New York City, NY?

It depends on the specific facts. Maintain streets and repair defects it has prior written notice of

Are there exceptions in New York City, NY?

No prior written notice to DOT means no liability regardless of how dangerous the pothole was; Missing the 90-day Notice of Claim deadline permanently bars the claim

What is this based on for New York City, NY?

This verdict is sourced to File a Claim and 3 sources in total, each independently re-checked before publication.

Sources

  1. File a Claimofficial-guide · verified-primary · accessed 2026-09-13
  2. File a Claimofficial-guide · verified-primary · accessed 2026-09-13
  3. NYC Administrative Code § 7-201(c)(2): Actions against the cityordinance · verified-primary · accessed 2026-09-27
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