# NYC Pothole Car Damage: Who Pays? | Who Pays the Repair?

> NYC only pays for pothole car damage with prior written notice of the defect; you must also file a Notice of Claim within 90 days.

**Who pays:** depends

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.

**Boundary:** 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.

**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

## Sources
- [File a Claim](https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/) — "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." (accessed 2026-09-13)
- [File a Claim](https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/) — "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" (accessed 2026-09-13)
- [NYC Administrative Code § 7-201(c)(2): Actions against the city](https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4130) — "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." (accessed 2026-09-27)

_Last verified 2026-09-25. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/nyc-pothole-car-damage-who-pays/ — every claim checked against a primary source before publication (see /methodology/)._